9911796707
TMI Blog2024 (1) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that prior to amendment in deduction u/s 143(1)(a)(v) by Finance Act on 01.04.2021, the disallowance of deduction was limited to sections 10AA, 80IA, 80IAB, 80IB, 80IC, 80ID and 80IE. Thus, the deduction claimed u/s 80P was not mentioned there. Hence, we are of the opinion that ld. CIT (A) has erred in interpreting the amendment. We are of the opinion that assessee is correct in saying that the impugned adjustment by the CPC was not permissible u/s 143(1)(a)(v) of the Act at the extant time. Accordingly, we set aside the orders of the authorities below and decide the issue in favour of the assessee. - Shri Shamim Yahya, Accountant Member And Shri Anubhav Sharma, Judicial Member For the Assessee : Shri Sahib P Satsangee, CA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43(1)(a)(v) by the Finance Act, 2021. 3 . Brief facts of the case are that the assessee is a Co-Operative Society and filed its return of income on 01.10.2018 declaring total income of Rs. Nil after claiming deduction under section 80P of the Income-tax Act, 1961 (for short the Act ) of Rs. 74,869/-. Further, the return of income was processed u/s 143(1) of the Act on 31.05.2019, wherein the deduction u/s 80P of the Act of Rs. 74,869/- was not allowed and added to the total income of the assessee. 4. Upon assessee s appeal, ld. CIT (A) elaborately considered the submissions and confirmed the order of AO by concluding as under :- The scope of an 'intimation' under section 143(1}(a) of the Act, extends to the making of ad ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the defect notices from the CPC, but have not bothered to respond to the same. The writ petitions have themselves been filed belatedly and after the elapse of more than six to eight months from the dates of impugned orders, in all cases. It is only when the Revenue has initiated proceedings for recovery by attachment of bank accounts have the petitioners approached this Court. This factor also strengthens my resolve that these are not matters warranting interference in terms of Article under section 226 of the Constitution of India, quite apart from the decision that I have arrived at on the legal issue. These writ petitions are dismissed and connected Miscellaneous Petitions are also closed. W.M.P. Nos.14346, 16166, 16167, 16171, 16 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn shall be processed in the following manner, namely: ( a ) the total income or loss shall be computed after making the following adjustments, namely: ....... ( v ) disallowance of deduction claimed under [section 10AA or under any of the provisions of Chapter VI-A under the heading C. Deductions in respect of certain incomes , if] the return is furnished beyond the due date specified under subsection (1) of section 139 7. It is noted that prior to amendment in deduction u/s 143(1)(a)(v) by Finance Act on 01.04.2021, the disallowance of deduction was limited to sections 10AA, 80IA, 80IAB, 80IB, 80IC, 80ID and 80IE. Thus, the deduction claimed u/s 80P was not mentioned there. Hence, we are of the opinion that ld. CIT (A) ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
