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TMI Blog2024 (1) TMI 1452X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee is in the status of AOP and did not file return of income within the time prescribed u/s. 139(1) & 139(4) of the Act. As per the information, the assessee had income above the taxable limit, accordingly notice u/s. 142(1) was issued on 09.03.2018 which was served to the assessee requiring it to file return for the AY 2017-18 within 08.04.2018, but the assessee failed to furnish the return. Further notice u/s. 142(1) was issued on 18.01.2019 calling for details and documents mentioned in the notice. As there was no response one more notice u/s 142(1) dated 13.03.2019 was issued, calling for details and documents. In response, the assessee filed written submissions along with details and documents. The AO noticed that the assessee is a c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. CIT [2018] 95 taxmann.com 299 (Kerala HC) (2) Shree Datta Prasad Sahakari Patsanstha Ltd. [2022] 134 taxmann.com 324 (Mumbai-Trib.) 4. The CIT (A) observed that the Supreme Court decision relied by the assessee in the case of Goetze India is misplaced and not appliable to assessee's case. In the present case, since there was no valid return, the CIT (A) did not grant the deduction claimed u/s 80P of the I. T. Act. and dismissed the appeal of the assessee. Aggrieved, the assessee is in appeal before the Tribunal. 5. The ld. AR vehemently argued and relied on the submissions made before the lower authorities. He fairly admitted that the decision of Hon'ble Kerala High Court relied on by the CIT(Appeals) cited supra is against the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act reads as under:- "(5) Where the assessee fails to make a claim in his return of income for any deduction under section 10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading "C.-Deductions in respect of certain incomes", no deduction shall be allowed to him thereunder." 9. It is clear from the above section that for claiming deduction under Chapter VIA under the head, "Deductions to be made in computing total income", which covers section 80P also, the assessee has to file return of income. However, the assessee did not file return of income at all and therefore the assessee is not eligible for deduction u/s. 80P of the Act. The Hon'ble Kerala High Court in the case of Nileshwa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prescribed under section 139(1). Thus, it is clear that the statutory scheme permits the allowance of a deduction under section 80P of the IT Act only if it is made in a return recognised as such under the IT Act, and after 1-4-2018, only if that return is one filed within the time prescribed under section 139(1) of the Act. As the return in these cases, for the assessment years 2009-10 and 2010-11, were admittedly filed after the dates prescribed under sections 139(1) and 139(4) or in the notices issued under section 142(1) and section 148, the returns were indeed non-est and could not have been acted upon by the Assessing Officer even though they were filed before the completion of the assessment. 12. There is yet another aspect of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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