Tribunal held that provision of section 80AC which deals with denial of deduction in respect of certain provision of Chapter VI-A, if a returned of income was not filed by assessee, would not apply to claim of deduction under section 80P. Requirement of making a claim in return of income under section 80A(5) is directory in nature and since nature of deduction and quantum is not disputed by Assessing Officer, deduction under section 80P(2)(a)(i) and 80P(2)(d) is to be allowed to assessee. (AY. 2017-18)
Wanka Vividh Karyakari Seva Sahkari Mandali Ltd. v. ITO (2023) 203 ITD 779 (Surat) (Trib.)
S. 80P : Co-operative societies-Requirement of making a claim in return of income under section 80A(5) is directory-Deduction under section 80P(2)(a)(i) and 80P(2)(d) is to be allowed. [S. 80A,80A(5), 80AC , 80P(2)(a)(i), 80P(2)(d) , 139(1)]