2023 (3) TMI 480 - AT - Income Tax

Validity of assessment proceedings u/s.143(1) once order passed u/s.143(3) - Deduction u/s.80P denied - Validity of additions made u/s.143(1) - case has been selected for limited scrutiny to verify deductions from total income under Chapter-VIA of the Act, and the AO has completed assessment u/s.143(3) of the Act, on 29.03.2021, and allowed deduction claimed u/s.80P - HELD THAT - Once proceedings have been initiated u/s.143(3) of the Act, and assessment has been completed thereunder, then earlier assessment order passed u/s.143(1)(a) of the Act, is no long operative for that assessment year, because, the first assessment order passed u/s.143(1) of the Act, is merged with the proceedings initiated u/s.143(3) of the Act. Therefore, we are of the considered view that when the AO has allowed the claim of deduction u/s.80P of the Act, in assessment proceedings u/s.143(3) of the Act, then order passed u/s.143(1) of the Act, by rejecting deduction claimed u/s.80P of the Act, in assessment proceedings u/s.143(1) of the Act, cannot survive. Because, the moment proceedings u/s.143(3) of the Act, is initiated, the proceedings u/s.143(1) of the Act, merged with proceedings u/s.143(3) of the Act. Since, the AO has allowed the claim of the assessee u/s.80P of the Act, in proceedings u/s.143(3) of the Act, the additions made by the AO in assessment proceedings u/s.143(1) of the Act, by rejecting deduction u/s.80P of the Act, is no longer survives and thus, we direct the AO to delete addition made towards deduction claimed u/s.80P of the Act, and consequent demand raised in the intimation issued u/s.143(1)(a) of the Act. Appeal filed by the assessee is allowed.

Issues:
1. Disallowance of deduction claimed u/s.80P at the time of processing the return u/s.143(1).
2. Applicability of specific provision of sec. 143(1)(a)(v) vs. general provision of sec. 143(1)(a)(ii).
3. Effect of assessment order passed u/s.143(3) on earlier assessment order passed u/s.143(1).
4. Calculation of interest u/s.234A, 234B, and 234C.

Analysis:

Issue 1: Disallowance of deduction claimed u/s.80P at the time of processing the return u/s.143(1).
The assessee contended that the disallowance of deduction made by the AO at the time of processing the return u/s.143(1) was incorrect. The argument was based on the fact that sec.80P was not included in the list of sections for which adjustments can be made at the time of processing the return u/s.143(1). The appellant also highlighted the specific provision of sec.143(1)(a)(v) and the amendment in 2021, supporting their claim for the deduction u/s.80P. The Tribunal agreed with the assessee, emphasizing that the disallowance made at the processing stage does not survive when the AO allowed the deduction u/s.80P in the assessment proceedings u/s.143(3).

Issue 2: Applicability of specific provision of sec. 143(1)(a)(v) vs. general provision of sec. 143(1)(a)(ii).
The appellant argued that the AO erred in applying the general provision of sec.143(1)(a)(ii) instead of the specific provision of sec.143(1)(a)(v) to deal with the situation regarding the deduction claimed u/s.80P. The Tribunal concurred with the appellant's interpretation, stating that once proceedings are initiated u/s.143(3) and the deduction u/s.80P is allowed, the earlier assessment order passed u/s.143(1) does not survive as it merges with the proceedings under sec.143(3).

Issue 3: Effect of assessment order passed u/s.143(3) on earlier assessment order passed u/s.143(1).
The key contention was whether the assessment order passed u/s.143(3) rendered the earlier assessment order passed u/s.143(1) ineffective. The Tribunal held that when the AO allowed the deduction u/s.80P in the assessment proceedings u/s.143(3), the disallowance made in the earlier assessment u/s.143(1) could not stand. The Tribunal emphasized that the first assessment order merged with the proceedings initiated u/s.143(3), leading to the deletion of the disallowance made earlier.

Issue 4: Calculation of interest u/s.234A, 234B, and 234C.
The appellant challenged the calculation of interest under these sections, arguing that since there was no liability to pay tax until the due date specified u/s.139(1), the interest should be zero. The Tribunal did not delve deeply into this issue as the primary focus was on the disallowance of the deduction u/s.80P. Hence, the Tribunal did not make any specific ruling on the calculation of interest under sec.234A, 234B, and 234C.

In conclusion, the Tribunal allowed the appeal filed by the assessee, directing the AO to delete the addition made towards the deduction claimed u/s.80P of the Act. The Tribunal's decision was based on the principle that once deduction u/s.80P is allowed in assessment proceedings u/s.143(3), the disallowance made in the earlier processing u/s.143(1) does not survive.

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