Held that a reading of section\u00a080A(5)\u00a0and section\u00a080AC\u00a0of the\u00a0Income-tax Act, 1961, as they stood prior to April 1, 2018, would reveal that the statutory scheme under the Act was to admit only such claims for deduction under section\u00a080P\u00a0of the Act as were made by the assessee in a return of income filed by him. That return could be under section\u00a0139(1),\u00a0(4),\u00a0142(1)\u00a0or\u00a0148, and to be valid, had to be filed within the due date contemplated under those provisions. Under section\u00a080A(5), the claim for deduction under section\u00a080P\u00a0could be made by an assessee in a return filed within the time prescribed for filing such returns under any of the above provisions. The amendment to section\u00a080AC\u00a0with effect from April 1, 2018, however, mandated that for an assessee to get a deduction under section\u00a080P\u00a0of the Income-tax Act, it had to furnish a return of his income for such assessment year on or before the due date specified in section\u00a0139(1)\u00a0of the Income-tax Act. In other words, after April 1, 2018, even if the assessee made its claim for deduction under section\u00a080P\u00a0in a return filed within time under section\u00a0139(4),\u00a0142(1)\u00a0or\u00a0148, it would not be allowed the deduction, unless the return in question was filed within the due date prescribed under section\u00a0139(1). Thus, it is clear that the statutory scheme permits the allowance of a deduction under section\u00a080P\u00a0of the Act only if it is made in a return recognised as such under the Act, and after April 1, 2018, only if that return is one filed within the time prescribed under section\u00a0139(1)\u00a0of the Act. On the facts as the returns in these cases, for the assessment years 2009-10 and 2010-11, were admittedly filed after the dates prescribed under section\u00a0139(1)\u00a0and\u00a0(4)\u00a0or in the notices issued under section\u00a0142(1)\u00a0and section\u00a0148, the returns were non est and could not have been acted upon by the Assessing Officer even though they were filed before the completion of the assessment.(AY.2009-10, 2010-11)<\/p>\n","protected":false},"excerpt":{"rendered":"
S. 80P : Co-operative societies-Claim for deduction must be made in return filed within time-Return Non est-Not eligible for deduction. [S.80AC, 80A(5), 139(1), 139(4), 142(1)), 148] <\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"jetpack_post_was_ever_published":false,"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[21],"tags":[],"class_list":["post-41381","post","type-post","status-publish","format-standard","hentry","category-income-tax-act"],"acf":[],"jetpack_featured_media_url":"","jetpack_shortlink":"https:\/\/wp.me\/p9S2Rw-aLr","jetpack-related-posts":[],"jetpack_sharing_enabled":true,"_links":{"self":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/41381","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/comments?post=41381"}],"version-history":[{"count":2,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/41381\/revisions"}],"predecessor-version":[{"id":43082,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/posts\/41381\/revisions\/43082"}],"wp:attachment":[{"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/media?parent=41381"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/categories?post=41381"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/itatonline.org\/digest\/wp-json\/wp\/v2\/tags?post=41381"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}