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TMI Blog2024 (2) TMI 152X X X X Extracts X X X X X X X X Extracts X X X X ..... any of the provisions in Chapter VIA which, inter alia, includes 80P of the Act. We note that section 80AC of the Act puts a bar against claiming of deduction in respect of certain income provided under the head (C) of Chapter VIA which includes section 80P of the Act also if the return of income are not filed before the due date prescribed u/s. 139(1) of the Act. Had it been a case of scrutiny proceeding u/s. 143(3) of the Act, the situation certainly would have been against the assessee subject to the approval by the authorities for condonation of delay in filing the return. As before us, the issue is regarding prima facie adjustment made u/s. 143(1)(a)(v) of the Act and as discussed above, such power of making the prima facie adju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 u/s. 272A(1)(d) of the Income-tax Act, 1961 (hereinafter referred to as the Act ) and against the assessment order by ITO, Ward-23(1), Hooghly dated 22.11.2016 u/s. 143(3) of the Act for AY 2019-20 respectively. 2. Both the appeals are time barred by 14 days. In respect of AY 2018-19 the assessee has filed an affidavit explaining the reasons for condonation of delay due to non-existence of board from 01.04.2022 to 01.07.2023, Members of the board were made through election process. Board was reconstituted on 01.07.2023. Considering the stated facts on record, the brief delay of 14 days is condoned. 3. First we take up ITA No. 669/Kol/2023 for AY 2019-20. Grounds of appeal in respect of AY 2019-20 read as under: 1. That the disal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... egulations of West Bengal Cooperative Societies Act, 2006 by the auditor appointed by Directorate of Cooperative Societies. For the AY 2018-19 due date for filing the return was 31.08.2019. However, the return was submitted on 26.06.2020. 6. We note that the Central Processing Centre denied the deduction u/s. 80P of the Act solely for the reason that return was not filed within the due date. Provisions of section 143(1)(a)(v) provides that (v) disallowance of deduction claimed under section 10AA or under any of the provisions of Chapter VIA under the heading C Deductions in respect of certain incomes , if the return is furnished beyond the due date specified under sub-section (1) of section 139; 6.1. In the above provision, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me to CPC only from 1.4.2021 and thus, the alleged disallowance by CPC is beyond its jurisdiction. Therefore, the assessee deserves relief. We are thus inclined to hold that the Ld. CIT(A) erred in denying the deduction u/s 80P of the Act for Rs. 23,98,593/-. We, therefore, set aside the order of the Ld. CIT(A) and allow the grounds of appeal raised by the assessee for the claim of deduction u/s. 80P of the Act at Rs. 23,98,593/-. 9. In the result, appeal of the assessee is allowed. 10. Now, we take up ITA No. 668/Kol/2023 for AY 2018-19 which is in respect of imposing a penalty of Rs. 20,000/- u/s. 271A(d). In this respect, ld. AO has noted that notices u/s. 142(1) were issued and served on the assessee. However, no compliance was ma ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee for the imposition of penalty. According to him, there exists a reasonable cause both on account of assessment being completed u/s. 143(3) and no demand notice being issued so as to delete the penalty in the instant case. 13. Per contra, Ld. Sr. DR relied on the orders of the authorities below. 14. We have heard the rival contentions and perused the material available on record. From the documents on record, we observe that the demand notice for imposition of penalty is not available. However, we find it proper to consider the submissions made by the Ld. Counsel for deleting the penalty since the assessment has been completed u/s. 143(3) of the Act and it not being an ex parte order u/s. 144. Considering these facts, we f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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