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2023 (2) TMI 301 - AT - Income TaxDeduction u/s 80P(2) - assessee did not file its return of income within due date as prescribed under section 139(1) - HELD THAT:- CIT (A) has examined the issue in details and observed that the assessee did not comply the mandatory requirement of section 80AC which is mandatory requirement for claiming deduction under chapter VI A of the I. T. Act. 1961 as decided in the case of Suolificio Linea Italia (India) (P.) Ltd [2018 (5) TMI 638 - CALCUTTA HIGH COURT] DR also relied on the judgment of [2023 (1) TMI 606 - ITAT BANGALORE] in which it has been held that the adjustment u/s 143(1) can be made and for getting deduction under Chapter VIA the assessee should have filed return of income within the due date as specified in sec.139(1) of the IT Act. In the above decision the coordinate bench also relied on the judgment of Checkmate Service Pvt. Ltd [2022 (10) TMI 617 - SUPREME COURT] Further, the coordinate bench of the Tribunal has also decided the similar issue in favour of the Revenue in the case of M/s. Rushi Sanskruti Vividoddeshagal Souhard SahakariNiyamit [2023 (2) TMI 158 - ITAT BANGALORE] the ratio decided in all these judgments are squarely applicable in the present facts of the case. Accordingly the assessee is not eligible to claim of deduction u/s 80P of the Act. Accordingly, the grounds raised by the assessee are dismissed.
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