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TMI Blog2020 (3) TMI 1480X X X X Extracts X X X X X X X X Extracts X X X X ..... R. Premi, D.R. ORDER PER B.R. BASKARAN, ACCOUNTANT MEMBER: The assessee has filed this appeal challenging the order dated 20-12-2018 passed by Ld CIT(A)-6, Bengaluru and it relates to the assessment year 2016-17. The assessee is aggrieved by the decision of Ld CIT (A) in upholding the disallowance of deduction claimed u/s 80IC of the Act while processing the return of income u/s 143(1) of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... claiming deduction u/s 80IC was filed in time, but the return of income could be filed belatedly, as the assessee did not have adequate funds to pay self-assessment tax. The assessee, by placing reliance on certain case laws, contended that the deduction u/s 80IC should be allowed. However, the Ld CIT (A) noticed that the provisions of sec. 143(1)(v) specifically states that the deduction u/s 80IC ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is AY 2016-17, the above said provisions shall not apply to the year under consideration. 5. The Ld D.R, on the contrary, submitted that the return of income was processed on 25.06.2017, i.e., after 1.4.2017 and hence the claim of the assessee was rightly disallowed u/s 143(1)(v) of the Act. She further submitted that the provisions of sec. 80AC mandates that the deduction can be claimed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... no intimation was given to the assessee. It was also stated that the year under consideration being AY 2016-17, no such intimation needs to be given. 7. We have noticed that the return of income of the assessee pertaining to AY 2016-17 was processed u/s 143(1) on 25.06.2017, i.e., after the date of insertion of clause (v) to sec. 143(1), i.e, after 1.4.2017. The contention of the revenue i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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