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Facts
The assessee, a co-operative society, failed to file a return of income for AY 2019-20. Following information about cash deposits of Rs. 1.51 crore, the AO issued a notice u/s 148, to which the assessee filed a return. The AO completed the assessment disallowing the entire claimed deduction of Rs. 15,06,410/-.
Held
The Tribunal dismissed the appeal, affirming the CIT(A)'s decision to deny deduction u/s 80P. It relied on the jurisdictional High Court's ruling that a valid return of income, filed within the due date under Section 139(1), is a mandatory pre-condition for claiming Chapter VI-A deductions, including Section 80P, particularly after the Section 80AC amendment from 01.04.2018. Since the assessee did not file a valid return, the claim for deduction was rightly rejected.
Key Issues
Whether the deduction u/s 80P can be denied if the assessee fails to file a valid return of income within the prescribed due date under Section 139(1) of the Income Tax Act.
Sections Cited
148, 80P, 80A(5), 80AC, 139(1), 139(4), 142(1), Chapter VI-A
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Income Tax Appellate Tribunal, COCHIN BENCH
Before: SHRI INTURI RAMA RAO, AM
O R D E R This appeal filed by the assessee is directed against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 26.06.2025 for Assessment Years (AY) 2019-20.
Brief facts of the case are that the appellant is a co-operative society registered under the Kerala State Co-operative Societies Act, 1969. It is engaged in providing loans and credit facilities to its members. The assessee did not file return of income for AY 2019-20. On receipt of information that the assessee had made cash deposits totaling to Rs. 1,51,50,000/- in the saving bank Edakkad Urban Sahakarana Sangham account held with Kannur District co-operative bank, the AO issued notice u/s. 148 of the Income Tax Act, 1961 (the Act). In response to the notice, the assessee filed return of income declaring total income of Rs. 15,06,410/-. Against the said return of income, the assessment was completed by the by the AO vide order dated 28.02.2024 disallowing the deduction claimed totaling to Rs. 15,06,410/-.
Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order confirmed the action of the AO.
Being aggrieved, assessee is in appeal before this Tribunal in the present appeal.
I heard the rival contentions of both the parties and perused the material available on record. The solitary issue that arises for my consideration is whether or not the CIT(A) was correct in law in confirming the action of the AO denying deduction u/s. 80P of the Act as no valid return of income was filed by the assessee. Admittedly, in the present case the assessee not filed valid return of income either under the provisions of section 139 of the Act or in response to the notice u/s. 148. The provisions of sub-section 80A(5) mandates that in order to claim a deduction under the section specified under Chapter VI-A, a claim is required to be made in the return of income. The issue in the present case is settled against the assessee by the decision of the Hon'ble Jurisdictional High court in the case of Nileshwar Range Kallu Chethu Vyavasaya Edakkad Urban Sahakarana Sangham Thozihilali Sahararana Sangham [2023] 459 ITR 730 (Ker) wherein it was held as under: - “11. On a consideration of the rival submissions and on a perusal of the statutory provisions, we find that a reading of Section 80A(5) and Section 80AC of the IT Act as they stood prior to 1.4.2018, when the latter provision was amended by Finance Act 2018, would reveal that the statutory scheme under the IT Act was to admit only such claims for deduction under Section 80P of the IT Act as were made by the assessee in a return of income filed by him. That return can be under Sections 139(1), 139(4), 142(1) or Section 148, and to be valid, had to be filed within the due date contemplated under those provisions. Under Section 80A(5), the claim for deduction under Section 80P could be made by an assessee in a return filed within the time prescribed for filing such returns under any of the above provisions. The amendment to Section 80AC with effect from 1.4.2018, however, mandated that for an assessee to get a deduction under Section 80P of the IT Act, he had to furnish a return of his income for such assessment year on or before the due date specified in Section 139(1) of the IT Act. In other words, after 1.4.2018, even if the assessee makes his claim for deduction under Section 80P in a return filed within time under Sections 139(4), 142(1) or Section 148, he will not be allowed the deduction, unless the return in question was filed within the due date prescribed under Section 139(1). Thus, it is clear that the statutory scheme permits the allowance of a deduction under Section 80P of the IT Act only if it is made in a return recognised as such under the IT Act, and after 1.4.2018, only if that return is one filed within the time prescribed under Section 139(1) of the Act. As the return in these cases, for the assessment years 2009- 10 and 2010-11, were admittedly filed after the dates prescribed under Sections 139(1) and 139(4) or in the notices issued under Section 142(1) and Section 148, the returns were indeed non-est and could not have been acted upon by the Assessing Officer even though they were filed before the completion of the assessment.
There is yet another aspect of the matter. The requirement of making the claim for deduction in a return of income filed Edakkad Urban Sahakarana Sangham by the assessee can be seen as a statutory pre-condition for claiming the benefit of deduction under the IT Act. It is trite that a provision for deduction or exemption under a taxing Statute has to be strictly construed against the assessee and in favour of the Revenue. Thus viewed, a failure on the part of an assessee to comply with the precondition for obtaining the deduction cannot be condoned either by the statutory authorities or by the courts.
It is in the backdrop of the aforesaid discussion that we must consider the findings of a Division Bench of this Court in The Chirakkal Service Co-operative Bank Ltd. [supra]. The findings therein, that appear to suggest that a claim for deduction under Section 80P can be entertained even if it is made in a return filed beyond the time permitted under the IT Act, ignores the perspective that sees the requirement of the claim for deduction being made in a valid return as a pre-condition for obtaining the benefit of the statutory deduction. The said findings also fly in the face of the express statutory provisions that requires the claim to be made in a return filed by the assessee, by which term is meant a valid return under the Act, and therefore have necessarily to be seen as per incuriam. We also find that the subsequent amendments to Section 80AC by the Finance Act 2018 fortifies the view that we have taken for, it makes the claim for deduction under Section 80P conditional on filing a return within the due date prescribed under Section 139(1) of the IT Act. In other words, the pre-condition for claiming the deduction under Section 80P of the IT Act has now been made more stringent by reducing the time available to an assessee for making the claim.” Respectfully following the decision of the Hon'ble Jurisdictional High Court, I hold that the assessee is not entitled for deduction u/s. 80P of the Act as no valid return of income was filed by the assessee society and the decision of the Hon'ble Jurisdictional High court prevails over the coordinate bench’s decision of this Tribunal. Thus, I do not find any merit in the appeal filed by the assessee.
Order pronounced in the open court on 28th October, 2025.