TaxTMI 
TaxTMI 
2024 (1) TMI 1556
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....4487(1) vide order dated 03.11.2022 passed for Assessment Year 2019-20. 2. The assessee has taken the following grounds of appeals:- "1. The Ld. CIT(A) has erred in confirming disallowance of Rs. 4,81,153/-. The same needs cancellation. 2. The Ld. CIT(A) has erred in confirming disallowance of Rs. 4,81,153/- without cogent reason or cogent material brought on records. The same needs cancellation. 3. The Ld. CIT(A) has erred in confirming disallowance of Rs. 4,81,153 without giving proper opportunity and adequately considering the matter. The same needs cancellation. 4. The Ld. CIT(A) has erred in confirming disallowance of Rs. 4,81,153/- based on irrelevant consideration. The same needs cancellation. ....
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....l income was assessed at Rs. 4,81,153/- as deduction under Section 80P of the Act was denied to the assessee on the ground that it did not file its return of income within the due stipulated date. 4. In appeal, CIT(Appeals) dismissed the appeal of the assessee with the following observations: "From the above decision, it is clear that in order to claim deduction under - Chapter VIA return has to be filed as per mandatory section of 80AC of the Act. The explanation given u/s. 143(1)(a) of the Act cannot curtail or restrict the main thrust or scope of the provisions and due weightage as well as meaning has to be attributed to the purposes of Section 143(1)(a) of the Act. The due date of filing of return is very much appar....
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....decision of jurisdictional Rajkot ITAT in the case of Chakargarh Seva Sahakari Mandali vs. The CIT in ITA No. 187/Rjt/2022 (154 taxmann.com 228 (Rajkot - Trib.) and he accordingly submitted that relief may be granted to the assessee in light of the above ruling. 6. It would be useful to reproduce the relevant extracts of the aforementioned ruling for ready reference: ● In the instant case, admittedly the assessee did not file return of income within the time permissible under section 139(1). However, the assessee filed its return of income belatedly on 28-11-2020 and claimed deduction under section 80P. The issue for consideration is that whether once the return of income is filed beyond the prescribed date under section 1....
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....assessment year 2018-19 onwards. However, amendment has been introduced in section 143(1)(a)(v) to provide that the claim of deduction under section 80P can be denied to the assessee, in case the assessee does not file its return of income within the time prescribed under section 139(1) with effect from 1-4-2021 and does not apply to the impugned assessment year i.e. assessment year 2019-20 relevant to financial year 2018-19. Accordingly, denial of claim under section 80P would not come within the purview of prima facie adjustment under section 143(1)(a)(v), for the simple reason that the section was not in force during the period under consideration i.e. assessment year 2019-20. [Para 7.1] ● The second issue for consideratio....
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....for deduction in original return and subsequently file revised return making such claim, its claim for deduction under section 80-IA is maintainable. Therefore, where assessee had filed return under section 139(1), it was entitled to claim deduction under section 80-IA even if such claim was not made in original return but subsequently in revised return filed in response to notice issued under section 153A. The enabling provisions of sub-clause (v) of section 143(1) providing for disallowance of deduction under section 80P due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021, disallowance of deduction claimed under section 80P during relevant years 2018-19 and 2019-20 on grounds of late filing of ....