2023 (2) TMI 158 - AT - Income Tax

Deduction u/s 80P - return has been filed belatedly - adjustment made as per section 143(1)(a) - HELD THAT - Prima facie adjustments can be made while processing the return of income if there were an incorrect claim and if such incorrect claim is apparent from any information in the return. The provision of section 80AC of the Act has to be complied strictly. Appellant raised a legal question upon claim for the benefit conferred under Section 80-IB of the Act being declined on the ground that the appellant did not file its return for the relevant assessment year within the period prescribed u/s 139 (1) of the Act and the deduction was denied for not following the mandatory requirement of section 80AC of the Act. In the case on hand, the assessee was required to file return within the due date i.e. on 31.08.2018 but he filed return belatedly and following the judgment, the assessee is not eligible to claim of deduction u/s 80P of the Act. Accordingly, the adjustment made by the CPC while processing the return is correct. CPC has rightly not accepted the deduction claimed u/s 80P of the Act. The reference made by the ld. AR for amendments made in section 143(1)(a) by the Finance Act 2020 2021 will not comply. Assessee has relied the judgments of coordinate bench of Tribunals and in any of the judgments, the judgment of Hon ble Kolkata High Court SUOLIFICIO LINEA ITALIA (INDIA) (P) LTD. 2018 (5) TMI 638 - CALCUTTA HIGH COURT has not been considered in regard to mandatory requirement for filling return of income within due date, therefore, these judgments are not applicable in the present case on hand. Dismiss the appeal of the assessee.

Summary

Issues Involved:
1. Legality of disallowance under section 80P.
2. Permissibility of adjustments under section 143(1)(a).
3. Impact of filing return beyond the due date under section 139(1).
4. Applicability of section 80AC.
5. Liability to pay interest under sections 234A, 234B, and 234C.

Detailed Analysis:

1. Legality of Disallowance under Section 80P:
The assessee filed a return declaring an income of Rs. 5,09,329 and claimed a deduction under section 80P. The return was processed, and the deduction was disallowed, resulting in a demand of Rs. 1,93,840. The CIT(A) upheld this disallowance, citing section 80AC, which mandates that no deduction under Chapter VI-A shall be allowed unless the return is filed within the due date specified under section 139(1).

2. Permissibility of Adjustments under Section 143(1)(a):
The assessee argued that the disallowance of deduction under section 80P is not a permissible adjustment under section 143(1)(a). The CIT(A) noted that section 143(1)(a) allows for adjustments if an intimation is given to the assessee. The Tribunal found that the adjustment made by the CPC was valid and upheld the action of the AO-CPC.

3. Impact of Filing Return Beyond the Due Date under Section 139(1):
The return was filed on 29.12.2018, while the due date was 31.08.2018. The Tribunal observed that section 80AC clearly states that no deduction shall be allowed if the return is not filed within the due date specified under section 139(1). The Tribunal upheld the CIT(A)'s decision, noting that the return was filed beyond the due date, and thus, the assessee was not eligible for the deduction under section 80P.

4. Applicability of Section 80AC:
The Tribunal examined section 80AC, which mandates the filing of returns within the due date for claiming deductions under Chapter VI-A. The Tribunal referred to various judgments, including those of the Hon'ble Supreme Court and High Courts, which emphasized the mandatory nature of compliance with section 80AC. The Tribunal concluded that the assessee did not comply with the provisions of section 80AC, and therefore, the deduction under section 80P was rightly disallowed.

5. Liability to Pay Interest under Sections 234A, 234B, and 234C:
The assessee denied liability to pay interest under sections 234A, 234B, and 234C, arguing that there was no additional tax liability. The Tribunal did not specifically address this issue in detail, focusing instead on the primary issue of the disallowance under section 80P.

Conclusion:
The Tribunal dismissed the appeal of the assessee, upholding the disallowance of the deduction under section 80P due to the late filing of the return beyond the due date specified under section 139(1). The Tribunal emphasized the mandatory nature of compliance with section 80AC and the permissibility of adjustments under section 143(1)(a). The appeal was dismissed, and the order of the CIT(A) was upheld.