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2023 (3) TMI 814 - AT - Income TaxExemption u/s. 80P - denial of exemption on the ground that the Return was filed belatedly u/s. 139(4) - adjustment u/s. 143(1)(a) - HELD THAT:- It is apparent from the Ld. NFAC order when the assessee has clearly pointed out the amendment in Section 143(1) made by Finance Act, 2021 which is not applicable for the present assessment year 2019-2020. However the same was not been considered by the Ld. NFAC and erroneously dismissed the assessee’s appeal. Assessee cannot be denied the deduction u/s. 80P of the Act on the ground that the assessee did not file the Return of Income within the due date prescribed u/s. 139(1) of the Act under proceedings made u/s. 143(1)(a)(v) of the Act for the Assessment Year 2019-20. Thus the intimation made u/s. 143(1) is invalid in law and thereby quashed. Appeal filed by the Assessee allowed.
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