Bal Kishan Dhawan HUF v. ITO

CHAKARGADH SEVA SAHAKARI MANDALI LTD.,CHAKARGADH SEVA, DIST. AMRELI vs. THE DCIT(CPC),, BENGALURU

In the result, appeal of the assessee is allowed

Bench: Shri Annapurna Gupta (Accountant Member), Shri Siddhartha Nautiyal (Judicial Member)

…ction 139" Thus, it is clearly evident that deductions u/s 80P is not allowable if the return is not filed within the stipulated time mentioned in section 139(1) of the Act. Reliance is placed in the case of Bal Kishan Dhawan (HUF) VS. ITO reported in (2012) 18 Taxmann.com 234 (in which the claim was made u/s 139(4) of the Act). Honble Amritsar Bench of the Tribunal had categorically held that Sec 80AC not only contains the time limit for claiming deduction u/s 8018 but also indicates the consequences that would follow if return of income containing the claim of deduction is not furnished before the due date spe…