2019 (8) TMI 360 - HC - Income Tax

Deductions u/s 80P - notice under Section 142(1) calls upon the noticee to file income tax returns for the Assessment year 2017-18 - HELD THAT - Suffice to say that writ petitioner/noticee in impugned order shall file returns for the Assessment Year 2017-18 as called for in the impugned notice, but it is open to the writ petitioner noticee in the impugned notice to claim that they are entitled to claim deductions under Section 80P of IT Act. If such a claim is made, the same shall be dealt with in accordance with law and in the light of the obtaining legal position that has been laid down by this Court. As this puts an end to the anxiety of the writ petitioner, instant writ petition is disposed of holding that the writ petitioner/noticee in impugned notice shall respond to impugned notice inter alia by filing income tax returns for the Assessment Year 2017-18 and such reply/returns shall be processed in accordance with law.

Summary

Issues:
1. Validity of notice under Section 142(1) of Income Tax Act, 1961.
2. Entitlement to claim deductions under Section 80P of IT Act.

Analysis:
1. The High Court of Madras addressed the validity of a notice issued under Section 142(1) of the Income Tax Act, 1961. The writ petitioner, a cooperative credit society, challenged the notice dated 25.04.2019, which called for filing income tax returns for the Assessment Year 2017-18. The notice was addressed to a different entity, the Primary Agricultural Co-op. Bank Ltd., creating confusion as the petitioner was the Urban Cooperative Credit Society. The court noted the discrepancy but decided not to delve further into this aspect due to the narrow scope of the writ petition.

2. The main contention of the writ petitioner was the entitlement to claim deductions under Section 80P of the IT Act. The court ruled that being entitled to claim deductions under Section 80P cannot be a ground to interfere with the notice. The court directed the petitioner to file the income tax returns for the specified year as per the notice. However, the petitioner was given the opportunity to claim deductions under Section 80P during the process. The court emphasized that any such claim should be handled in accordance with the law and the legal position established by the court.

3. In conclusion, the court disposed of the writ petition by instructing the petitioner to respond to the notice by filing income tax returns for the Assessment Year 2017-18. The court clarified that if the petitioner wishes to claim deductions under Section 80P of the IT Act, such claims will be considered following the legal framework. The judgment aimed to alleviate the petitioner's concerns by providing clear directions for compliance with the notice and processing of returns in accordance with the law. The court decided the case without imposing any costs and closed the connected miscellaneous petitions.