SANTHIGRAM SERVICE CO OPERATIVE SOCIETY LIMITED NO K280,ERATTAYAR IDUKKI vs. INCOME TAX OFFICER, THODUPUZHA

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ITA 795/COCH/2023Status: DisposedITAT Cochin12 August 2024AY 2011-12Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Amarjit Singh (Accountant 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 Section 80A(5) does not exclude returns filed under Section 148 from claiming deductions under Section 80P. Therefore, the assessee's claim could not be rejected solely on this basis.

What were the facts?

The assessee claimed a deduction under Section 80P for the first time in a return filed in response to a notice under Section 148. Both lower authorities disallowed this claim.

What were the issues?

Whether a deduction under Section 80P can be claimed for the first time in a return filed under Section 148, and if Section 80A(5) bars such a claim.

Which sections of the Income-tax Act were involved?

Section 80P,Section 80A(5),Section 148

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: 12.08.2024Pronounced: 12.08.2024

Per Bench : This assessee’s appeal for A.Y. 2011-12 arises against the National Faceless Appeal Centre, Delhi [CIT(A)]’s DIN & Order No. ITBA/ NFAC/S/250/2023-24/1056582140(1) dated 27.09.2023 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 proceed to hear the appeal exparte qua the assessee.

2.

The Revenue vehemently argues that both the lower authorities have rightly disallowed the assessee’s section 80P deduction claim once it was raised for the first time in a return filed in response to the 148 notice issued by the Assessing Officer. She quotes section 80A(5) of the Act that both the Santhigram SCS Limited learned authorities have rightly declined the assessee’s section 80P deduction claim in very terms. We note in this factual backdrop that the assessee had indeed filed it return claiming section 80P deduction for the first time in sections 148/147 proceedings. And that section 80A(5) of the Act nowhere distinguish between the return(s) filed under various provisions, i.e. section 139(1) or in section 148 or in any other proceedings; as the case may be. We accordingly invoke stricter interpretation as per Commissioner of Customs v. Dilip Kumr & Co. [2018] 9 SCC 1 (SC) (FB) that once section 80A(5) itself does not exclude “a return” filed u/s. 148 for the purpose of section 80P deduction, the assessee’s claim could not have been rejected in the lower proceedings. The assessee’s sole substantive ground of section 80P claim succeeds in principle and the learned Assessing Officer is directed to verify all the necessary facts for framing his consequential computation as per law.

3.

In the result, assessee’s appeal is allowed in above terms.

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

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