TaxTMI 
TaxTMI 
2024 (10) TMI 1798
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....0 dated 26.03.2024, which has been passed against the intimation u/s 143(1) of the Act dated 12.01.2021 issued by the ADIT, CPC, Bengaluru. 2. The grounds of appeal raised by the assessee are reproduced as under: "1. That, the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi erred in confirming action of CPC Bengaluru by holding that claim made by the Appellant was "Incorrect claim as per Sec. 143(1) of the Income Tax Act, 1961. 2 That, the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi erred in confirming action of CPC Bengaluru by disallowing claim of deduction of Rs 33,17,814/- by failing to appreciate that provisions of under section 143(1)(a)(v) of t....
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....e to the Appellant's case. The aforesaid grounds are without prejudice to each other and the appellant craves leave to add/delete/alter and/or amend any of grounds as aforesaid as and when necessary...." 3. Brief facts of the case as culled out from Form No. 35 are that the assessee is an agricultural cooperative society, located at Hooghly District of West Bengal, which is mainly engaged in development of agriculture and provides services to its member agriculturists. For the AY 2019-20, the return of income was filed u/s 139(4) of the Act on 11th November, 2020, declaring total income of Rs 4,55,200/- after claiming deduction u/s 80P of the Act at Rs. 33,17,814/-. The Ld. AO CPC, Bengaluru (hereinafter 'the Ld. A....
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.... context of a different section but the underlying law settled is that a person who claims exemption of concession must establish that it is entitled to that exemption or concession as the provision has to be construed strictly with certain exceptions, depending upon the settings on which the provision has been placed in the Statute and the object and purpose to be achieved. Since the return was not filed within the due date, the deduction claimed u/s 80P of the Act on the basis of post facto filing of the return of income was not allowed as the return was filed by the assessee on 11.11.2020 while the extended due date for filing the original return was 31.10.2019. Aggrieved with the order of the Addl./JCIT(A), the assessee has filed this a....
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.... the Act. Similar issue also came up in the case of Bisharpara Kodalia Coop. Credit Society Ltd. Vs. Income Tax Officer, Ward 49(2), Kolkata (supra) in which the coordinate Bench has held as under: 4. We have heard rival submissions and have gone through the record placed before us. We notice that the assessee is a Co-operative Society engaged in the business of providing credit to its members. The assessee is required under law to get its account audited under the rules and regulations of West Bengal Cooperative Societies Act, 2006 by the auditor appointed by Directorate of Cooperative Societies. For the AY 2018-19 due date for filing the return was 30.09.2018. However, the return was submitted on 25.11.2018. 5. We note t....
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....he return of income are not filed before the due date prescribed u/s. 139(1) of the Act. Had it been a case of scrutiny proceeding u/s. 143(3) of the Act, the situation certainly would have been against the assessee subject to the approval by the authorities for condonation of delay in filing the return. However, before us, the issue is regarding prima facie adjustment made u/s. 143(1)(a)(v) of the Act and as discussed above, such power of making the prima facie adjustment towards deduction u/s. 80P of the Act came to CPC only from 1.4.2021 and thus, the alleged disallowance by CPC is beyond its jurisdiction. Therefore, the assessee deserves relief. We are thus inclined to hold that the Ld. CIT (A) erred in denying the deduction u/s 80P of ....