MANIYUR PANCHAYATH VANITHA SAHAKARANA SANGAM LTD. NO D 2896,KOZHIKODE vs. ITO, WARD -2(2), KOZHIKODE

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ITA 87/COCH/2024Status: DisposedITAT Cochin23 October 2024Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Judicial Member)2 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal confirmed the actions of the lower authorities in rejecting the assessee's Section 80P deduction claim and dismissing the Section 154 rectification petition. The Tribunal found force in the Revenue's contentions regarding the mandatory conditions for claiming deductions.

What were the facts?

The assessee failed to file its income tax return within the due date for the assessment year 2022-23. Consequently, its deduction claim under Section 80P was rejected by the lower authorities. The assessee's subsequent rectification petition under Section 154 was also dismissed.

What were the issues?

Whether the assessee was eligible for Section 80P deduction when the return was filed after the due date, and whether the rectification under Section 154 was maintainable for the rejection of such a claim.

Which sections of the Income-tax Act were involved?

Section 143(1)(a),Section 80P,Section 139(1),Section 80AC(ii),Section 154

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Smt. V. Swarnalatha, Sr. D.R
Hearing: 19.08.2024Pronounced: 23.10.2024

O R D E R Per Bench This assessee’s appeal for A.Y. 2022-23 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023- 24/1058517383(1) dated 06.12.2023 in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).

Case called twice. None appears at assessee’s behest. We accordingly proceed exparte against the assessee.

2.

It emerges at the outset with the able assistance coming from the Revenue side that both the learned lower authorities have invoked the amended section 143(1)(a) “processing” w.e.f. 01.04.2021 for the purpose of rejecting assessee’s section 80P Maniyur Panchayath Vanitha Sahakarana Sangham Ltd. deduction claim on the ground that it had failed to file its return within the “due” date u/s. 139(1) of the Act, which forms a mandatory condition for assessment years on or after 01.04.2018 as per section 80AC(ii) of the Act. The assessee had admittedly filed its return on 17.02.2023 as against the “due” date thereof on 07.11.2022.

3.

Learned Sr. D.R. next highlights the fact that the assessee had sought to invoke section 154 rectification mechanism against the CPC’s impugned processing despite the fact that there is no such apparent mistake on record going by T.S. Balaram, ITO vs. Volkart Bros. [1971] 82 ITR 50 (SC). We find force in Revenue’s vehement contentions and confirm both the lower authorities action declining the assessee’s section 154 rectification petition in very terms. Ordered accordingly.

4.

This assessee’ appeal is dismissed in above terms.

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