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Ambaradi Seva Sahkari Mandali Ltd. v. DCIT (CPC) (Rajkot)(Trib)

S. 143(1)(a) : Assessment-Intimation-Co-operative society-Denial on the ground of filing of belated return under section 139(4)-, Denial of deduction under section 80P vide intimation under section 143(1) was not valid in law. [S. 80P, 139(4), 143(1)(a)(ii)]

Assessee claimed deduction under section 80P. AO disallowed deduction on the ground that return was not filed within due date under section 139(1) but within due date under section 139(4) of the Act.

The ITAT held that Return of income was filed under section 139(4) and provisions of section 143(1)(a)(ii) do not provide for denial of deduction under section 80P even when the return of income is not filed within the time limit as per section 139(1) and, therefore, denial of deduction under section 80P vide intimation under section 143(1) was not valid in law. (ITA No. 186/Rjt/2022; dated 10/02/2023)  (AY. 2019-20)