Assessee, a primary agricultural co-operative society, filed its return claiming deduction under section 80P of the Act. Assessing Officer disallowed deduction on grounds of return being filed belatedly only after intimation under section 143(1). Tribunal held that the enabling provisions of sub-clause (v) of section 143(1)(a) providing for disallowance of deduction under section 80P due to late filing of return was introduced by Finance Act, 2021 effective from 1-4-2021 and it was not on statute for relevant assessment years 2018-19 and 2019-20, therefore, Assessing officer lacked jurisdiction to make disallowance under section 80P in order under section 143(1) during relevant years. (AY. 2018-19, 2019-20)
Barwara Co-Operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Beh Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Chhata Co-Operative Agri Services Society Ltd v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14 / 146 taxmann.com 468 (SMC) (Chd)(Trib) Garoh Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 / 218 DTR 14/ 146 taxmann.com 468 (SMC) (Chd)(Trib) Lanjani Co-operative Agri Service Society Ltd. v. Dy. CIT (2022) 219 TTJ 750 /218 DTR 14 / (2023) 146 taxmann.com 468 (Chd)(Trib)
S. 80P : Co-operative societies-Late filing of return-Disaalloowing is not justified-Due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021.[S. 8AC, 143(1)]