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TMI Blog2023 (8) TMI 1060X X X X Extracts X X X X X X X X Extracts X X X X ..... Act in response of assessment years prior to A.Y. 2021-22. In the light of observations towards impermissibility to make adjustments towards deduction claimed under Section 80P of the Act prior to the amendment carried out in Section 143(1)(a)(v) of the Act effective prospectively from 01.04.2021 i.e. A.Y. 2021-22, we are of the view that CPC, Bengaluru has committed prima facie error in making adjustments to the returned income on account of deduction claimed u/s 80P of the Act while drawing intimation u/s 143(1) - We, thus, find merit in the plea of the assessee seeking rectification of the apparent error. Consequently, we set aside the order of the CIT(A) and direct the designated authority/CPC, Bengaluru to restore the deduction cla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act which specifies the nature of adjustments under Section 143(1)(a) of the Act permissible for adjustments. Section 143(1)(a)(v) of the Act concerns disallowance of deduction under Chapter VI-A. Section 80P of the Act falls under C.-Deductions in respect of certain incomes . The Learned Counsel pointed out that such disallowance under Section 143(1) of the Act is not permissible in view of the insertion/modification made which is made effective by the Finance Act 2021 from A.Y. 2021-22 whereas the present case concerns A.Y. 2019-20 where such amendment to Section 143(1)(v) of the Act authorising such denial was not in place. Learned Counsel also referred to the judgement of Co-ordinate Bench of Tribunal in the case of Kishorepur Paschima ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n after taking note of provisions of Section 80AC of the Act and provision of Section 143(1) and subsequent amendment thereto, it was concluded that such adjustments under Chapter VI-A was not permissible under Section 143(1) of the Act in response of assessment years prior to A.Y. 2021-22. 7. The relevant operative para of the order of the decision rendered by the Co-ordinate Bench is reproduced hereunder: 7. We have heard rival contentions and perused the materials available on record. It is apparent from the order of the ld. CIT(A) that the amendment in Section 143(1) made by Finance Act, 2021 which is not applicable for the present Assessment Year 2019-20. However, the same was not considered by the Ld. CIT(A). 7.1. The Co- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y, the above amendment would not apply to the impugned assessment year. Further, section 143(1)(ii) of the Act permits adjustment in case of an incorrect claim, if such incorrect claim is apparent from any information in the return. However, Explanation to the aforesaid section specifies the following cases where the claim made in the return of income can be said to be incorrect for the purposes of this sub-section: (a) an incorrect claim apparent from any information in the return shall mean a claim, on the basis of an entry, in the return, (i) of an item, which is inconsistent with another entry of the same or some other item in such return; (ii) in respect of which the information required to be furnished under this A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... incorrect claim is apparent from any information in the return). In our view, the scope of the adjustments that can be made under the said provision has been elaborated in the Explanation to the aforesaid section, which does not include denial of deduction claimed by the assessee in case the assessee does not furnish its return of income within the date stipulated under section 139(1) of the Act. The Explanation to the said section specifically provides for cases/instances when the claim made by the assessee could be said to be incorrect . Therefore, in our considered view, the case of the assessee would also not fall within the purview of prima facie adjustment under section 143(1)(a)(ii) (an incorrect claim, if such incorrect claim is ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder section 80P due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021, disallowance of deduction claimed under section 80P during relevant years 2018-19 and 2019-20 on grounds of late filing of return was unjustified. 7.4 We note that the instant case, there was a delay in filing the return of income by the assessee for the assessment year 2019-20 and return of income was filed within due date permissible u/s 139(4) of the Act, in which the claim for deduction u/s 80P of the Act was made. Therefore, looking into the totality of facts, we are of the view that claim of deduction u/s 80P of the Act cannot be denied to the assessee only on the basis that the assessee did not file return of income i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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