SAHKARI GANNA VIKAS SAMITI LTD.,LAKHIMPUR KHERI vs. ACIT, SITAPUR

ITA 351/LKW/2024Status: DisposedITAT Lucknow28 November 2024AY 2019-20Bench: SHRI KUL BHARAT (Vice President), SHRI ANADEE NATH MISSHRA (Accountant Member)9 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that the disallowance under Section 143(1)(a)(v) for deductions under Chapter VI-A was not permissible for Assessment Year 2019-20 as the relevant amendment was effective from Assessment Year 2021-22. Therefore, Section 80AC could not be invoked in this manner.

What were the facts?

The assessee claimed a deduction of Rs. 1,63,83,734/- under Section 80P. The return was filed one day after the due date, and the CPC processed it under Section 143(1)(a)(ii), disallowing the deduction based on Section 80AC.

What were the issues?

Whether the disallowance of Section 80P deduction under Section 143(1)(a) is permissible for AY 2019-20 when the return was filed belatedly, and if Section 80AC applies in such a scenario.

Which sections of the Income-tax Act were involved?

Section 80P,Section 80AC,Section 143(1)(a),Section 139(1)

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Income Tax Appellate Tribunal, LUCKNOW BENCH “A”, LUCKNOW

Before: SHRI KUL BHARAT & SHRI ANADEE NATH MISSHRA

For Appellant: Shri Shubham Rastogi, C.A
For Respondent: Shri Sunil Kumar Rajwanshi, Addl

PER ANADEE NATH MISSHRA, A.M.:

1.

This appeal has been filed by the assessee against the order of the Ld. CIT(A), Lucknow dated 29.03.2024 for the assessment year 2019-20. The grounds of appeal of the assessee are as under: -

“(1) ‘That the Ld. C.I.T. (A), NFAC, erred on facts and in law in upholding the disallowance of Rs. 1,63,83,734/- u/s 80P of I. T. Act made by CPC Bengaluru u/s 143(1)(a)ii) of I. T. Act. (2) That though Assessee Society submitted belated Return, but Ld. C.I.T.(A) failed to appreciate that Section 80AC of I. T. Act, gave power to insist upon the compliance of the said provision vested in the A. O. only on the amendment of Clause -(v) of Section 143(1)(a) vide F

The order continues below.

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