DHANLAXMI GRAMIN BIAGAR SHETI SAHAKARI PATSANSTHA LIMITED,PUNE vs. INCOME TAX OFFICER, WARD 14(5), PUNE, PUNE

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ITA 398/PUN/2024Status: DisposedITAT Pune17 April 2024AY 2018-19Bench: SHRI SATBEER SINGH GODARA (Judicial 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 the amendment to Section 143(1)(a)(v) allowing such disallowances had prospective effect and could not be applied to the assessment year 2018-2019. The delay in filing the appeal before the CIT(A) was condoned.

What were the facts?

The assessee claimed a deduction under Section 80P(2)(a)(i). The Assessing Officer rejected this deduction through an intimation under Section 143(1)(a)(v). The assessee appealed this decision.

What were the issues?

Whether the disallowance of Section 80P deduction under Section 143(1)(a)(v) was valid for AY 2018-19, considering the prospective nature of the amendment. Whether the delay in filing the appeal before the CIT(A) should be condoned.

Which sections of the Income-tax Act were involved?

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

AI-generated summary — verify with the full judgment below

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Income Tax Appellate Tribunal, PUNE “SMC” BENCH : PUNE

Before: SHRI SATBEER SINGH GODARA

Hearing: 22.03.2024Pronounced: 17.04.2024

ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2018-19, arises against the National Faceless Appeal Centre [in short the “NFAC”] Delhi’s Din and Order No. ITBA/APL/S/250/2023-24/ 1059828192(1), dated 17.01.2024, involving proceedings u/s. 143(1) of the Income Tax Act, 1961 (in short “the Act”).

Heard both the parties. Case file perused.

2.

It emerges during the course of hearing that the assessee’s sole substantive grievance raised herein challenges correctness of both the learned lower authorities action denying it sec.80P(2)(a)(i) deduction of Rs.23,20,226/-.

3.

Mr. Shingte submitted during the course of hearing that the DCIT, CPC, Bangalore’s intimation dated 31.05.2019 has in fact

1.

2 ITA.No.398/PUN./2024 Dhanlaxmi Gramin Bigar Sheti Sahakari Patsanstha Ltd., A.Y. 2018-19 rejected the impugned sec.80P deduction as upheld in the “NFAC” order. This clinching fact has gone un-rebutted from the department side.

4.

In view of the foregoing factual backdrop, the clinching issue which arises herein is as to whether the assessee’s impugned sec.80P deduction claim(s) could be declined u/sec.143(1)(a)(v) “processing” or not ? The Revenue vehemently argued that the foregoing amended provision has been rightly invoked in the facts of the instant case. Learned DR could hardly dispute that the above amendment in sec.143(1)(a)(v) enabling the impugned disallowance(s) by way of sec.143(1) intimation inserted by the Finance Act, 2021 w.e.f. 01.04.2021 carries prospective effect only whereas the impugned assessment year involved in the instant appeal is 2018-2019. That being the case, I hereby reject the Revenue’s stand supporting the impugned sec.143(1)(a)(v) intimation dated 31.05.2019 rejecting the assessee’s foregoing sec.80P deduction claim(s) in very terms. Ordered accordingly.

5.

It would indeed be relevant to make it clear that the CIT(A) herein has refused to condone the delay of more than 03 years 05 months in filing of the lower appeal. He has not adjudicated the assessee’s other substantive grounds on merits. It is, in these circumstances that I deem it appropriate to quote Collector, Land Acquisition vs., MST Katiji [1987] 167 ITR 471 (SC)

3 ITA.No.398/PUN./2024 Dhanlaxmi Gramin Bigar Sheti Sahakari Patsanstha Ltd., A.Y. 2018-19 having settled the law long back that all such technical aspects must make a way for the cause of substantial justice, to condone the delay. The assessee’s foregoing delay of more than 03 years 05 months in filing of the lower appeal is condoned in above terms.

6.

This assessee’s appeal is allowed in above terms.

Order pronounced in the open Court on 17.04.2024.

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