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2023 (2) TMI 159 - ITAT BANGALOREDeduction u/s 80P - CPC did not accept the claim of the assessee and observed that return was filed beyond due date for filing of return - fresh claim of deduction in the revised return of income - AO rejected the rectification application filed by the assessee under section 154 and CIT(A) also dismissed the appeal of the assessee - HELD THAT:- Assessee revised its return of income to withdraw the claim and subsequently claiming the carried forward or set-off of any loss but the ratio decided in respect of revising the return with the objective is squarely applicable in the case on hand. On perusal of the income tax return filed by the assessee in which it has itself accepted that its books of accounts are not required to be audited under section 44AB of the Act and is also not required for audit under any other law as time being force. Even during the course of hearing, the assessee did not submit the audit report as per section 63 of the Karnataka State Co-operative Society Act, 1959. The Trading, Proft & Loss Account and Balance Sheet submitted by the assessee has been certified signed by a Chartered Account Shri. S. G. Kulkarni but not Tax Audit Report. As found substance on the submission of the learned DR. and relying on the judgment of Hon’ble Supreme Court of India Wipro Ltd [2022 (7) TMI 560 - SUPREME COURT] cited by the learned DR, the assessee cannot make fresh claim in the revised return which was not claimed in the original return of income, only the omission or wrong statement may be revised as stated in section 139(5) The omission or wrong statement has not been defined in the Income Tax Act. The assessee was well aware about the business carried on by it and is also aware about the filing of return of income and he has made provision for income tax in its books for preceding assessment years. The assessee will not get the benefit of extended due date for filling return of income as notified by the Ministry of Finance, thus observed that it was applicable to those assessees whose books of accounts are required to be audited and filed Tax Audit Report in the specified Form but in the assessee’s case he did not submit audit report as required by the relevant law for the time being in force. On perusal of the Income Tax Return filed observed that the assessee has not given any information about the Audit in the appropriate coloumn. CIT (A) has rightly dismissed the appeal of the assessee.
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