SHRI SAMARTH GRAMIN BIGAR SHETI SAHAKARI PATSANSTHA LTD. ,PUNE vs. INCOME TAXOFFICER WRD8(3), PUNE, PUNE

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ITA 161/PUN/2024Status: DisposedITAT Pune08 March 2024AY 2018-19Bench: SHRI SATBEER SINGH GODARA (Judicial 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 the disallowance of the Section 80P deduction was not sustainable in law. The amendment disallowing such deductions was effective from April 1, 2021, and had no retrospective effect, while the assessment year in question was 2018-2019.

What were the facts?

The assessee claimed a deduction under Section 80P. The DCIT-CPC disallowed this claim during processing under Section 143(1)(a)(v). This disallowance was upheld by the CIT(A).

What were the issues?

Whether the disallowance of Section 80P deduction under Section 143(1)(a)(v) was valid for the assessment year 2018-2019, considering the effective date of the amendment.

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

Cases cited in this judgment(1)Show list

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

Before: SHRI SATBEER SINGH GODARA

Hearing: 08.03.2024Pronounced: 08.03.2024

BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.161/PUN./2024 Assessment Year 2018-2019 Shri Samarth Gramin The Income Tax Officer, Biagar Sheti Sahakari Ward-8(3), Income Tax Office, Patsanstha Limited, At Post Akurdi, R.S.11, Income Tax vs. Nigoje, Tal Khed, Ward- Staff Colony Road, Pradhikaran, 14(3), Pune – 410 501. Nigdi, Pimpri-Chinchwad, Maharashtra. PIN – 411 044. Maharashtra. PAN AAFAS5543Q (Appellant) (Respondent) For Assessee : Shri Pramod S Shingte For Revenue : Shri Basavaraj Hiremath Date of Hearing : 08.03.2024 Date of Pronouncement : 08.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2018-19, arises against the Addl./JCIT(A)-4, Delhi’s Din and Order No.ITBA/ APL/S/250/2023-24/1058288990(1), dated 29.11.2023, 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 with the able assistance coming from both the sides that both the learned lower authorities, and more particularly, the DCIT-CPC herein, had disallowed the assessee’s sec.80P deduction claim involving a sum of Rs.39,62,982/- by way of “processing” under sub-sec.(a)(v)

2 ITA.No.161/PUN./2024 thereof. The Revenue could hardly dispute that such a deduction under Chapter-VIA have been made disallowable in sec.143(1)(a)(v) “processing” vide Finance Act 2021 w.e.f. 01.04.2021 without having any retrospective effect. We are in assessment year 2018- 2019 only. This being the clinching factual and legal position, it is held that the impugned processing dated 03.09.2019 as upheld in the CIT(A)'s order, disallowing sec.80P claim is not sustainable in law going by stricter interpretation as per Commissioner of Customs (Imports), Mumbai vs. M/s. Dilip Kumar And Co. & Ors. [2018] 9 SCC 1 (SC) (FB). Ordered accordingly.

3.

This assessee’s appeal is allowed in above terms.

Order pronounced in the open Court on 08.03.2024.

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