HEAVY VEHICLES FACTORY EMPLOYEES COOP THRIFT AND CREDIT SOCIETY LTD.,THIRUVALLUR vs. ITO, NCW-7(3), CHENNAI

Both the appeals filed by the assessee are directed against separate order dated 09.09.2025 passed by the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre [NFAC], Delhi for the assessment years 2018-19 and 2019-20.

When the appeal was taken up for hearing, none appeared on behalf of the assessee nor filed any adjournment petition. Thus, the assessee called absent and set exparte. We proceed to hear the ld. DR and decide the appeal on merits.

First, we shall take up appeal in for any 2018-19.

At the outset, it is noted that the assessee had not filed its return of income within the time provided under section 139(1) of the Income Tax Act, 1961 [“Act” in short] and the assessee also failed to file return of income even in response to the notice issued by the Assessing Officer under section 148 of the Act. The assessee claimed deduction of ₹.5,76,70,236/- under section 80P of the Act. In view of the provisions of section 80AC of the Act, deduction under section 80P of the Act is allowable only if the return of income is filed within the time provided in section 139(1) of the Act. Therefore, the Assessing Officer denied the claim of deduction under section 80P of the Act and the ld. CIT(A) confirmed the same.

We note that section 80AC of Act mandates that the assessee must file their income tax return by the specified due date under section 139(1) of the Act to claim deductions under specific sections like 80-IA to 80-IE and others in Chapter VI-A. In the present case, the assessee failed to file the ITR within the time provided under section 139(1) of the Act and hence the Assessing Officer denied the claimed of deduction, which was rightly confirmed by the ld. CIT(A) and it is justified. Thus, the grounds raised