WEST ELERI VANITHA SERVICE CO-OP SOCIETY LTD,NILESHWAR vs. THE ITO WARD 1 & TPS, KASARGODE

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ITA 381/COCH/2023Status: DisposedITAT Cochin25 September 2024AY 2018-19Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Judicial Member)2 pages

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

AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the amendment to Section 143(1)(a)(v) of the Income Tax Act, which allowed for the disallowance of Section 80P deductions, was effective from April 1, 2021. Therefore, it could not be applied retrospectively to the assessment year 2018-19.

What were the facts?

The assessee, a co-operative society, claimed deduction under Section 80P for Assessment Year 2018-19. The Assessing Officer disallowed this deduction through a Section 143(1)(a) processing order, which was upheld by the CIT(A).

What were the issues?

Whether the disallowance of Section 80P deduction under Section 143(1)(a) for AY 2018-19 was valid, considering the retrospective application of a subsequent amendment.

Which sections of the Income-tax Act were involved?

Section 80P,Section 143(1)(a)

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Amarjit Singh

For Respondent: Smt. V. Swarnalatha, Sr. D.R
Hearing: 12.08.2024Pronounced: 25.09.2024

Appellant by: ------ None ------ Respondent by: Smt. V. Swarnalatha, Sr. D.R. Date of Hearing: 12.08.2024 Date of Pronouncement: 25.09.2024 O R D E R Per Bench This assessee’s appeal for A.Y. 2018-19 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2022- 23/1050936347(1) dated 18.03.2023, in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).

Case called twice. None appears at assessee’s behest. It is accordingly proceeded ex-parte.

2.

It appears at the outset that there is hardly had any need for us to give detailed consideration to the assessee’s sole substantive grievance seeking to reverse both the learned lower authorities action disallowing its section 80P deduction claimed by West Eleri Vanitha Service Co-op. Society Ltd. way of section 143(1)(a) processing dated 31.05.2019 as upheld in the lower appellate ex-parte discussion. This is for the precise reason that the legislature has amended section 143(1)(a)(v) enabling provision to this effect by way of amendment in the Finance Act, 2021 w.e.f. 01.04.2021 whereas the impugned assessment order is AY 2018-19. Meaning thereby that both the learned lower authorities could not have invoked s.143(1)(a)(v) “processing” retrospectively for disallowing assessee’s impugned section 80P deduction. We accept the assessee’s instant sole substantive ground in very terms. Ordered accordingly.

3.

This assessee’s appeal is allowed. Order pronounced in the open court on 25th September, 2024.

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