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2022 (7) TMI 1385 - AT - Income TaxDisallowance u/s 143(1)(a) - deduction u/s 80P - whether the adjustment/disallowance can be made under Section 143(1)(a) or not? - HELD THAT:- As decided in AA520 VEERAPPAMPALAYAM PRIMARY AGRICULTURAL COOPERATIVE CREDIT SOCIETY LIMITED [2021 (4) TMI 1169 - MADRAS HIGH COURT] scope of an 'intimation' under section 143(1)(a) of the Act, extends to the making of adjustments based upon errors apparent from the return of income and patent from the record, Thus to say that the scope of 'incorrect claim' should be circumscribed and restricted by the Explanation which employs the term 'entry' would, not be correct and the provision must be given full and unfettered play. The explanation cannot curtail or restrict the main thrust or scope of the provision and due weightage as well as meaning has to be attributed to the purposes of section 143(1)(a) - we reject the contention raised by the assessee that the disallowance cannot be made under Section 143(1)(a) of the Act. Deduction u/s 80P - Belated filing of return - Assessee is eligible to claim deduction u/s 80P even if he has filed the return of income belatedly. Respectfully following the case THE CHIRAKKAL SERVICE CO-OPERATIVE BANK LTD. [2016 (4) TMI 826 - KERALA HIGH COURT] we hold that the assessee is eligible for deduction u/s 80P of the Act.
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