MIRAJ PANCHAYAT SAMITI KARMACHARI SAHAKARI PAT SANSTHA M MIRAJ,MIRAJ vs. INCOME TAX OFFICER, SANGLI, MAHARASHTRA

and Order No.ITBA/APL/S/250/2023-24/1061328528(1), dated 22.02.2024, in proceedings u/s.143(1) of the Income Tax Act, 1961 (in short “the Act”).

Heard both the parties. Case file perused.

2 ITA.No.699/PUN./2024 rejecting it’s sec.80P deduction claim by way of “processing” u/sec.143(1)(a)(v) of the Act for not having filed return within the “due date” prescribed u/sec.139(1) of the Act.

01.04.2021 carrying prospective operation only whereas we are in assessment year 2018-2019. And that this tribunal’s recent coordinate bench order in ITA.No.62/NAG./2022 ITO vs. Nagpur Zilla Parishad Primary Shikshah Sahakari Sanstha Maryadit, Nagpur has rejected the Revenue’s very contentions as under :

“3. Learned CIT-DR vehemently reiterated the Revenue’s above extracted pleadings that the CIT(A) has erred in law and on facts in holding the assessee eligible for it’s sec.80P deduction despite the fact that it had not filed it’s return within the “due date” prescribed u/sec.139(1) of the Act. Mr. Kanojiya referred to sec.80AC

(ii) that the same is in the nature of a mandatory provision which disentitles the assessee from claiming sec.80P deduction and therefore, the CPC’s processing dated

29.05.2020 herein had rightly rejected the assessee’s claim u/sec.143(1)(a)(v) of the Act.

3 ITA.No.699/PUN./2024

substantive grievance canvassed herein as sec.143(1)(a)(v); for the purpose of disallowing the impugned claim under Chapter-VIA of the Act; has been inserted by the Finance Act 2021 w.e.f. 01.04.2021 carries prospective effect only whereas the assessment year before us is assessment year 2019-2020 and that CPC’s processing had rejected the assessee’s claim on 29.05.2020. That being the case, we conclude that the impugned disallowance by way of sec.143(1)(a)(v) processing is not sustainable in law. We accordingly decline the Revenue’s vehement arguments seeking to revive the sec.80P disallowance herein to the tune of Rs.3,01,74,039/- in very terms. Ordered accordingly.

5. This Revenue’s appeal is dismissed in above terms.”

4. We thus adopt judicial consistency to reverse the learned lower authorities action disallowing assessee’s impugned deduction claim(s) by way of sec.143(1)(a)(v)

“processing” in very terms. The assessee succeeds in it’s instant first and foremost legal ground thereby rendering all other pleadings as academic in nature.

4 ITA.No.699/PUN./2024 Order pronounced in the open Court on 28.08.2024.