THE DEFENCE ACCOUNTS CO-OPERATIVE CREDIT SOCIETY LIMITED,MEERUT vs. ITO WARD 1(2)(4), MEERUT
Income Tax Appellate Tribunal, DELHI BENCH ‘SMC’ NEW DELHI
Before: SHRI SATBEER SINGH GODARAAssessment Year: 2019-20
PER SATBEER SINGH GODARA, JM:
This assessee’s appeal for assessment year 2019-20 arises against
National Faceless Appeal Centre(NFAC), Delhi’s DIN and order no.
ITBA/NFAC/S/250/2023-24/1053601291(1), dated 07.06.2023, in case no.
NFAC/2018-19/10095844, in proceedings u/s 147 read with section 143(1) of the Income-tax Act, 1961, hereinafter referred to as the ‘Act’.
Heard both the parties. Case file perused.
2. It emerges during the course of hearing that the learned CPC’s “processing”
u/s 143(1) dated 26.11.2021 had rejected the assessee’s section 80P deduction claim of Rs. 20,15,988/- as upheld in the lower appellate discussion. Faced with this situation the Revenue could hardly dispute the clinching factual position that 2
the enabling provision to this effect in section 143(1)(a)(v); inserted vide Finance
Act, 2021, w.e.f. 1.4.2021, including such a Chapter-VIA heading “C” deductions, does not carry any retrospective effect so as to cover the impugned A.Y. 2019-20
herein. That being the case, I hereby delete the impugned section 80P disallowance in very terms.
3. This assessee’s appeal is allowed.
Order pronounced in open court on 30.01.2025. (SATBEER SINGH GODARA)
JUDICIAL MEMBER
*MP*