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2023 (2) TMI 158 - AT - Income TaxDeduction u/s 80P - return has been filed belatedly - adjustment made as per section 143(1)(a) - HELD THAT:- Prima facie adjustments can be made while processing the return of income if there were an incorrect claim and if such incorrect claim is apparent from any information in the return. The provision of section 80AC of the Act has to be complied strictly. Appellant raised a legal question upon claim for the benefit conferred under Section 80-IB of the Act being declined on the ground that the appellant did not file its return for the relevant assessment year within the period prescribed u/s 139 (1) of the Act and the deduction was denied for not following the mandatory requirement of section 80AC of the Act. In the case on hand, the assessee was required to file return within the due date i.e. on 31.08.2018 but he filed return belatedly and following the judgment, the assessee is not eligible to claim of deduction u/s 80P of the Act. Accordingly, the adjustment made by the CPC while processing the return is correct. CPC has rightly not accepted the deduction claimed u/s 80P of the Act. The reference made by the ld. AR for amendments made in section 143(1)(a) by the Finance Act 2020 & 2021 will not comply. Assessee has relied the judgments of coordinate bench of Tribunals and in any of the judgments, the judgment of Hon’ble Kolkata High Court SUOLIFICIO LINEA ITALIA (INDIA) (P) LTD. [2018 (5) TMI 638 - CALCUTTA HIGH COURT] has not been considered in regard to mandatory requirement for filling return of income within due date, therefore, these judgments are not applicable in the present case on hand. Dismiss the appeal of the assessee.
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