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2023 (10) TMI 1378 - AT - Income TaxEligibility for deduction u/s 80P without filing returned of income - AO power to entertain the claim, if not made in the return of income - HELD THAT:- As there is no dispute regarding such restrictions of power of AO, however, being Appellate Authority, such claim of assessee which is emanated from the record of lower authorities can be entertained and admitted by the appeal authorities - we find that such claim was raised by the assessee before AO, therefore, facts related to the issue is emanating from the record of lower authorities, thus, the claim of assessee is admitted. In the case of Prathamika Krishi Pattina, Sahakara Sangha Ltd. [2022 (6) TMI 1464 - ITAT BANGALORE] held that provision of Section 80AC which deals with the denial of deduction in respect of certain provision of Chapter VIA, if a returned of income is not filed by assessee, it was held that such provision do not apply to the claim of deduction u/s 80P. In the case of Krushi Vibhag Karmachari Vrund Sahakari Pat Sanstha Maryadit [2022 (10) TMI 348 - ITAT NAGPUR] also held that making of claim in return of income u/s 80A(5) is directory and the authorities below were not justified in rejecting the claim of assessee u/s 80P. Thus keeping in view that the nature of deduction and quantum was not disputed by AO, so direct the AO to allow deduction u/s 80P(2)(a)(i) and 80P(2)(d) as the case may be. Appeal of the assessee is allowed for statistical purposes.
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