MUHAMMA SERVICE COOPERATIVE BANK LIMITED NO 1670,ALAPPUZHA vs. THE ITO, ALAPPUZHA

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ITA 264/COCH/2021Status: DisposedITAT Cochin19 December 2022AY 2018-193 pages

In favour of the Revenue: the assessee's appeal was dismissed. From the AI summary of this appeal.

AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that the condition of filing the return within the due date for claiming deduction under Section 80P is mandatory, not directory. Therefore, the denial of the deduction by the lower authorities was upheld.

What were the facts?

The assessee, a co-operative bank, claimed a deduction under Section 80P. The lower authorities denied this deduction because the assessee did not file its return within the due date prescribed under Section 139(1).

What were the issues?

Whether the condition of filing the return within the due date for claiming deduction under Section 80P is mandatory or directory. Whether a previous tribunal decision for an earlier assessment year can be considered a binding precedent.

Which sections of the Income-tax Act were involved?

Section 80P,Section 139(1),Section 80AC(ii)

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, COCHIN BENCH, COCHIN

Before: Shri Satbeer Singh Godara & Shri Manoj Kumar Aggarwal

For Appellant: Shri Kabil Chandran, Adv
For Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Hearing: 09.11.2022Pronounced: 19.12.2022

This assessee’s appeal for A.Y. 2018-19arises against the National Faceless Appeal Centre(NFAC) Delhi’s order dated 31.07.2021, passed in case No. CIT(A), Kottayam/10146/2019-20, involving proceedings under Section 143(1) of the Income Tax Act, 1961 (in short the Act).

Heard both the parties. Case file perused.

2.

Learned counsel representing the assessee vehemently argued during the course of hearing that both the lower authorities have erred in law and on facts in declining the assessee’s Section 80P deduction claim of Rs.14,54,103/- [followed by raising a demand of Rs.5,80,390/-] for the sole reason that it had not filed it’s return within the due date under Section 139(1) of the Act.

2 Muhamma Service Co-op. Bank Ltd.

3.

We have given our thoughtful consideration to the vehement rival submissions and see no merit in assessee’s stand. We make it clear that the assessee has indeed quoted Section 80AC(ii) of the Act that although it has been prescribed in the relevant statute to claim the impugned deduction only after filing Section 139(1) return before the due date, this tribunal’s recent coordinate bench in the case of M/s. Krushi Vibhag Karmchari Vrund Sahakari Path Sanstha vs. ITO in 2019 dated 07.10.2022 has held the foregoing condition(s) as “directory” and not a mandatory one.

4.

We find no merit in assessee’s foregoing arguments claiming Section 80AC(ii) of the Act as a mere directory provision in the light of Commissioner vs. Dilip Kumar & Company (2018) 9SCC 1(SC)(FB) that provisions in a taxing statute (including deductions) have to be strictly interpreted only. We next observe that the legislature has interpreted “no such deduction” and “unless” in Section 80AC(ii); for the period after 01.04.2018, by way of negative covenants which forms a mandatory stipulation only in light of PRINCIPLES OF STATUTORY INTERPRETATION by Justice G.P. Singh (termed as the treatise on the subject of statutory constructions) at Pages 446 to 448 under Chapter 5 thereof. So far as the assessee’s reliance on this tribunal’s learned coordinate bench’s decision (supra) is concerned, the same hardly forms a binding precedent once dealing with assessment year 2009-10 only i.e., before 01.04.2018. We thus uphold the learned lower authorities action under challenge therefore denying sec.80P deduction in issue.

5.

This assessee’s appeal is dismissed in above terms.

Dictated and pronounced in the open Court on 19th December, 2022.

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