9911796707
|
Home
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2017 (1) TMI 567 - AT - Income TaxExemption u/s 80P - denial of claim on belayed filing of return by the assessee - Held that - The belated filing of return of income by the assessee does not disentitle it from the benefit of deduction u/s 80P(2) of the Act. See KARUVANTHIRUTHY SERVICE CO-OPERATIVE BANK LTD Versus THE INCOME TAX OFFICER WARD NO. 2 (3) 2016 (6) TMI 1155 - KERALA HIGH COURT Further, the assessee, in the instant case, is a primary agricultural credit society registered under the Kerala Cooperative Societies Act, 1969. The certificate has been issued by the Registrar of Cooperative Societies to the above said effect and the same is on record. The Hon ble High Court, in the case of Chirakkal Service Co-operative Bank Ltd (2016 (4) TMI 826 - KERALA HIGH COURT), had held that primary agricultural credit society, registered under the Kerala Cooperative Societies Act, 1969, is entitled to the benefit of deduction u/s 80P(2). Since there is a certificate issued by the Registrar of Cooperative Societies, stating that the assessee is a primary agricultural credit society, to hold that the assessee is entitled to the benefit of deduction u/s 80P(2) of the Act. - Decided in favour of assessee
Issues:
1. Denial of exemption u/s 80P due to belated filing of return 2. Interpretation of section 80A(5) in relation to deduction claims 3. Eligibility of primary agricultural credit society for deduction u/s 80P(2) Analysis: 1. The case involved the denial of exemption u/s 80P of the Income Tax Act due to the belated filing of the return by the assessee. The Hon'ble High Court ruled in favor of the assessee, stating that the Tribunal was unjustified in denying the exemption solely based on the delayed filing of the return. The court emphasized that even if returns were filed late, as long as they were within the prescribed time limits under the Act, the claims for exemptions should be considered valid. The court highlighted the importance of due consideration of claims made in belated returns, especially in cases where assessments are pending in the statutory hierarchy of adjudication. 2. The interpretation of section 80A(5) was crucial in determining the eligibility of the assessee for deductions under section 80P. Section 80A(5) specifies that if an assessee fails to claim a deduction in the return of income, no deduction shall be allowed. The court clarified that this provision applies when no returns have been filed for a particular assessment year. However, if returns have been filed, the claims for exemptions or deductions under section 80P should be duly considered and granted if eligible. The court highlighted the legislative intent behind the provisions of section 80A(5) and emphasized that the denial of exemptions should not be solely based on the timing of return filings. 3. The eligibility of the assessee, a primary agricultural credit society registered under the Kerala Cooperative Societies Act, for deduction u/s 80P(2) was a significant aspect of the judgment. The court referred to a previous case where it was held that such societies are entitled to the benefit of deduction under section 80P(2). In the present case, since the Registrar of Cooperative Societies had issued a certificate confirming the assessee's status as a primary agricultural credit society, the assessee was deemed eligible for the deduction u/s 80P(2). The Tribunal allowed the appeal filed by the assessee based on this finding and ordered accordingly. In conclusion, the judgment addressed the issues of denial of exemption u/s 80P due to belated filing of return, the interpretation of section 80A(5) in relation to deduction claims, and the eligibility of a primary agricultural credit society for deduction u/s 80P(2). The ruling favored the assessee, emphasizing the importance of considering claims made in belated returns and confirming the eligibility of the assessee for the deduction based on its status as a primary agricultural credit society.
|
