M/S. NILESHWAR RANGEKALLU CHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM vs. THE COMMISSIONER OF INCOME TAX

ITA/120/2019HC KeralaKLHC01018994201914 March 2023Bench: HONOURABLE DR. JUSTICE A.K.JAYASANKARAN NAMBIAR,HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.18 pages
AI SummaryDismissed

What did the High Court hold?

The High Court held that a claim for deduction under Section 80P must be made in a valid return filed within the time prescribed by the Income Tax Act. Belatedly filed returns, even if accepted for other limited purposes like limiting interest accrual, cannot be used to claim such deductions.

What were the facts?

The assessee, a Labour Co-operative Society, failed to file income tax returns within the prescribed due dates for assessment years 2009-10 and 2010-11. Despite receiving notices, belated returns were filed, and the claim for deduction under Section 80P was disallowed by the Assessing Officer.

What were the issues?

Whether a claim for deduction under Section 80P can be allowed if the return of income is filed beyond the due date prescribed under the Income Tax Act.

Which sections of the Income-tax Act were involved?

Section 80P,Section 80A(5),Section 139(1),Section 139(4),Section 144,Section 148,Section 142(1),Section 234A

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE A.K.JAYASANKARAN NAMBIAR & THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P. TUE AY, THE 14TH DAY OF MARCH 2023/23RD PHALGUNA, 1944 I.T.A.NO.120 OF 2019 AGAINST THE ORDER DATED 26.9.2017 IN I.T.A.NO.268/COCH/2015 OF I.T.A.TRIBUNAL, COCHIN BENCH, COCHIN APPELLANT/APPELLANT/ASSESSEE: M/S. NILESHWAR RANGEKALLU CHETHU VYAVASAYA THOZHILALI SAHAKARANA SANGHAM PALLIKKARA, NILESHWAR, KASARAGOD DISTRICT-671 314. BY ADV.SRI.S.ARUN RAJ BY ADV.SMT.C.T.SUJA RESPONDENT/RESPONDENT/REVENUE: THE COMMISSIONER OF INCOME TAX AAYAKAR BHAVAN, MANANCHIRA, CALICUT-673 001. BY SRI.CHRISTOPHER ABRAHAM, SC, INCOME TAX DEPARTMENT THIS INCOME TAX APPEAL HAVING COME UP FOR ADMISSION ON 28.02.2023 ALONG WITH ITA.NO.11/2022, THE COURT ON 14.03.2023 DELIVERED THE FOLLOWING:

I.T.A..No.120/2019 &

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