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2022 (12) TMI 1448 - AT - Income TaxDeduction u/s 80P - claim denied as assessee not filed it’s return within the due date u/s 139(1) - HELD THAT:- We make it clear that the assessee has indeed quoted Section 80AC(ii) of the Act that although it has been prescribed in the relevant statute to claim the impugned deduction only after filing Section 139(1) return before the due date, this tribunal’s recent coordinate bench in the case of M/s. Krushi Vibhag Karmchari Vrund Sahakari Path Sanstha [2022 (10) TMI 348 - ITAT NAGPUR] has held the foregoing condition(s) as “directory” and not a mandatory one. We find no merit in assessee’s foregoing arguments claiming Section 80AC(ii) as a mere directory provision in the light of Commissioner vs. Dilip Kumar & Company [2018 (7) TMI 1826 - SUPREME COURT] that provisions in a taxing statute (including deductions) have to be strictly interpreted only. We next observe that the legislature has interpreted “no such deduction” and “unless” in Section 80AC(ii); for the period after 01.04.2018, by way of negative covenants which forms a mandatory stipulation only in light of PRINCIPLES OF STATUTORY INTERPRETATION by Justice G.P. Singh (termed as the treatise on the subject of statutory constructions) under Chapter 5 thereof. So far as the assessee’s reliance on this tribunal’s learned coordinate bench’s decision (supra) is concerned, the same hardly forms a binding precedent once dealing with assessment year 2009-10 only i.e., before 01.04.2018. We thus uphold the learned lower authorities action under challenge therefore denying sec.80P deduction in issue.
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