M/S CHAMPAKARA SCB LTD,KOTTAYAM vs. ITO WARD , KOTTAYAM

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ITA 121/COCH/2023Status: DisposedITAT Cochin12 August 2024AY 2018-19Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant Member)3 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 even a belated return claiming Section 80P deduction does not negate the applicability of Section 80A(5). It also clarified that Section 80AC's condition of filing before the due date is applicable from 01.04.2018 onwards, and there was no material for retrospective applicability.

What were the facts?

The assessee claimed a deduction under Section 80P, but the Assessing Officer disallowed it. The assessee filed a belated return, leading to a dispute regarding the applicability of Section 80A(5) and Section 80AC.

What were the issues?

Whether Section 80A(5) bars deduction for a belated return claiming Section 80P, and whether Section 80AC applies to the assessment year in question.

Which sections of the Income-tax Act were involved?

Section 80P,Section 80A(5),Section 80AC,Section 139(1)

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: Shri Sanjit Kumar Das, CIT-DR
Hearing: 12.08.2024

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/250/2022-23/1047909045(1) dated 09.12.2022, in proceedings u/s. 250 of the Income Tax Act, 1961 (the Act).

1.

The case was called twice. None appeared on behest of the assessee. Therefore, we proceeded to hear the appeal exparte qua the assessee.

2.

Coming to the assessee’s sole substantive grievance challenging both the lower authorities action disallowing its section 80P deduction claimed of Rs. 879,57,663/- in the course of assessment proceedings dated 23.06.2021 as upheld in the first appellate proceedings, the Revenue vehemently argues that this taxpayer has not filed it return within the due Champaraka SCB Ltd. date prescribed u/s. 139(1) and therefore, section 80A(5) of the Act bars such a relief. He could hardly rebut the clinching fact that the assessee has filed a “belated” return claiming the impugned deduction. Be that as it may, the hon'ble jurisdictional high court’s landmark decision in Chirackal Service Co-op. Bank Ltd. v. CIT [2016] 384 ITR 490 (Ker) has already settled the issue in favour of the assessee and against the department that even a belated return claiming section 80P deduction negates applicability of section 80A(5) of the Act. We thus reject the Revenue’s instant technical objection seeking application of section 80A(5) in very terms leave it for the Assessing Officer to verify all the relevant facts for the purpose of section 80P deduction herein. Ordered accordingly.

4.

The Revenue next submits that section 80AC of the Act also applies to this case that a return in such a case has to be filed u/s. 139(1) of the Act. We make it clear that the legislature has inserted the relevant statutory condition of filing of return before the due date u/s. 139(1) of the Act on or after 01.04.2018 whereas we are in AY 2018-19 only. There is, further, no material on record indicting retrospective applicability of the foregoing statutory provision. This Revenue’s contention is rejected therefore.

5.

This assessee’s appeal is allowed for statistical purposes in above terms.

Order pronounced in the open court on this 12th Day of August, 2024.

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