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Facts
The assessee's appeal challenged the disallowance of deduction under Section 80P by the CPC, confirmed by the CIT(A), for Assessment Year 2018-19. The disallowance was made because the assessee's return of income was filed beyond the due date specified under Section 139(1).
Held
The Tribunal ruled that the amendment to Section 143(1)(a)(v), enabling prima facie disallowance of Section 80P deduction for belated returns, was effective from Assessment Year 2021-22, not 2018-19. Therefore, for AY 2018-19, such a disallowance under Section 143(1)(a)(v) was not permissible, and the orders of the lower authorities were set aside.
Key Issues
Whether the disallowance of deduction under Section 80P for a belated return for Assessment Year 2018-19 was valid under Section 143(1)(a)(v) given the effective date of the relevant statutory amendment.
Sections Cited
143(1), 154, 250, 143(1)(a)(v), 80P, 234A, 234B, 234C, 139(1), 139(4), 142(1), 148, 80A(5), 80AC
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Income Tax Appellate Tribunal, KOLKATA ‘SMC’ BENCH, KOLKATA
Before: SRI SONJOY SARMA & SRI RAKESH MISHRA
order
: January 13th, 2025 ORDER
PER RAKESH MISHRA, ACCOUNTANT MEMBER:
This appeal filed by the assessee is against the order of the Ld. Commissioner of Income Tax (Appeals)-NFAC, Delhi [hereinafter referred to as “the Ld. CIT(A)”] passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) for AY 2018-19 dated 31.07.2024, which has been passed against the assessment order u/s 143(1) of the Act, dated 09.08.2019.
Page 2 of 6 of Asst. No. Pronouncement Year 1 Shree Navavaghniya Seva Sahkari 03/03/2023 2019-20 Mandali Ltd. Vs. The DCIT/ACIT (CPC) CPC, Bengaluru 2 Aliudepur Seva Sahakari Mandli ITA Nos.269, 276 & 24/02/2023 2019-20 Ltd. vs. The ADIT, (CPC), Bengaluru, 277/RJT/2022 Bengaluru 3 Ambaradi Seva Sahkari Mandali vs ITA Nos.186, 197, 204 & 10/02/2023 2019-20 The DCIT(CPC), Bangaluru 203/RJT/2022 4 Sri Kodandaramaswamy Primary ITA No. 673/HYD/2022 09/01/2023 2018-19 Agricultural Co-operative Society Limited, Vs Income Tax Officer, Ward-2, Nellore 5 Shri Nava Ujala Seva Sahakari vs ITA No. 20/RJT/2022 31/10/2022 2019-20 The Dcit/Acit(CPC), Bangalore 6 Shri Trambakpur Sahakari Mandali ITA No. 23/RJT/2022 31/10/2022 2019-20 vs The Dcit/Acit (CPC), Bangalore 7 Dhar Deva Sahakari Mandali Ltd., ITA No. 33/RJT/2022 31/10/2022 2019-20 vs The DCIT (CPC), Bangalore 8 Medi Seva Sahakari Mandali Ltd. vs ITA No. 38/RJT/2022 31/10/2022 2019-20 The DCIT (CPC), Bangalore 9 The Lanjani Co-operative Agri ITA No. 332 to 338 30/08/2022 2018-19 Service Society Ltd., Vs. The DCIT, /CHD/2021 & CPC, Bengaluru 2019-20