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TMI Blog2022 (6) TMI 1464X X X X Extracts X X X X X X X X Extracts X X X X ..... utes fertilizers, manure and PDS products. For Assessment Year 2016-17, the assessee did not file return of income. The AO issued a notice under section 142(1) of the Income Tax Act, 1961 (hereinafter called 'the Act') calling upon the assessee to file the return of income for Assessment Year 2017-18. Notice was issued on 11.03.2018 giving time till 31.03.2018 to file return of income. The assessee did not comply with the said notice and therefore a summons under section 131 of the Act was issued on 23.09.2019. In response to the said summons, on a hearing on 23.09.2019, Shri. Harish Gowda, CA, appeared and produced Income and Expenditure A/c, Balance Sheet and Cash Book. As per the Income and Expenditure A/c produced, the assessee had surp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e incentive provisions meant to help primary agricultural cooperative societies which act for the benefit of farmers. 4. The request of the assessee was however not acceded to by the AO and he denied the benefit of deduction to the assessee under section 80P of the Act for the following reasons: "6. The submissions of the assessee were carefully examined. Further, the assessee furnished the copies of the balance sheet as on 31/03/2017, profit & loss account audited by co-operative department. And as per the details furnished, the assessee has earned total income of Rs. 1,89,165/- on which the assessee should have paid taxes or claimed any deductions by filing valid return of income within the due date prescribed. However, as the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act are unambiguous and filing of return is a precondition for claiming deduction under section 80P of the Act. The CIT(A) also distinguished the cases cited on behalf of the assessee. I do not propose to discuss those aspects because in my view the case laws and the discussions are not germane to the issue that required consideration by the CIT(A). The CIT(A) ultimately upheld the order of the AO. Hence this appeal by the assessee before the Tribunal. 7. I have heard the rival submissions. The learned Counsel for the assessee submitted that the provisions of section 80A(5) of the Act will come into play only when a return of income is filed by an assessee and the claim for deduction under Chapter VIA of the Act is not claimed in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee that section 80A(5) of the Act is applicable only when a return of income is filed by an assessee and a deduction under Chapter VI "A" of the Act, is not claimed in such return of income. It will not apply to a case where no return of income is filed. The provisions of section 80AC of the Act, as we have already seen, contemplates denial of deduction in respect of certain provisions of Chapter VI "A" of the Act, if a return of income is not filed by an assessee. Those provisions, as rightly contended by the learned Counsel for the assessee, do not apply to the claim for deduction under section 80P of the Act. Therefore, the Revenue authorities were not justified in not entertaining the claim of the assessee for deduction under ..... X X X X Extracts X X X X X X X X Extracts X X X X
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