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2018 (7) TMI 656 - AT - Income TaxAssessment u/s 147 r. w. s. 144 denying the claim of deduction u/s 80P(2) - delayed filing or returns - Held that:- It is now submitted that the assessee has filed the returns of income for assessment years 2012-2013 and 2013-2014 when the appeals were pending before the Tribunal. The Hon’ble High Court in the case of Chirakkal Service Co-op Bank Ltd vs CIT (2016 (4) TMI 826 - KERALA HIGH COURT) had held that appeals are continuation of assessment proceedings and even if the return of income was filed before the appellate authority claiming deduction u/s 80P(2), the same has to be acted upon. Return filed beyond the period stipulated u/s 148 can also be accepted and acted upon provided further proceedings in relation to such assessments are pending in the statutory hierarchy of adjudication in terms of the provisions of the I. T. Act. In view of the above conclusions - direct the Assessing Officer to consider the claim of deduction u/s 80P of the I. T. Act as expeditiously as possible. Therefore, the appeals filed by the assessee are allowed for statistical purposes
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