Loading judgment…
No AI summary yet for this case.
Income Tax Appellate Tribunal, COCHIN BENCH, COCHIN
Before: Shri Satbeer Singh Godara & Shri Amarjit Singh
O R D E R Per Bench This assessee’s appeal for A.Y. 2011-12 arises against the order of the National Faceless Appeal Centre, Delhi [CIT(A)] dated 28.04.2023, in proceedings u/s. 144 R.W.S. 147 of the Income Tax Act, 1961 (hereinafter "the Act").
Heard both parties. Case file perused.
Coming to the assessee’s sole substantive grievance seeking to delete the s. 80P deduction/disallowance of Rs. 21,99,430/-, it emerges at the outset that the assessee had filed its return claiming the deduction on 21.07.2018 whereas the AO had framed the assessment order/reassessment order on 19.12.2016. That being the case, we are of the considered view that this is a fit instance attracting s. 80A(5) of the Act. Denying the impugned deduction once not claimed in a “return” which indeed has to be filed at least before framing of the assessment.
Faced with this situation, the learned counsel for the assessee submits that s. 80A(5) gets attracted only when the assessee files a return without claiming the deduction. We hardly see any substance in the instant argument. Once the impugned provision comes into play, it stipulates that any such deduction is to be claimed in a return. The assessee fails in its instant sole substantive grievance.
In the result, the assessee’s appeal is dismissed.