Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (3) TMI 1123 - AT - Income TaxDisallowance u/s 80P - claim disallowed u/sec. 143(1)(a)(ii) by way of “processing” as an instance of “incorrect claim if such incorrect claim is there from any information in the return” - HELD THAT:- Legislature has introduced such a disallowance provision in sec. 143(1)(a)(v) dealing with deduction claim(s) provided in Chapter-VI-A of the Act by way of Finance Act, 2021 w.e.f. 01.04.2021 with prospective effect whereas the assessment year herein is 2017-2018 only. So far as the Revenue’s case quoting sec. 80AC is concerned, it would be very much relevant to observe that once the legislature itself has made the impugned provision in sec. 143(1)(a)(v); the same could not have led to the assessee’s 80P deduction disallowance in summary “processing”. As in Veerappampalayam Primary Agricultural Cooperative Credit Society [2021 (4) TMI 1169 - MADRAS HIGH COURT] is also found to be distinguishable on facts as their lordships’ had dealt with assessment year 2018-2019 vide judgment dated 07.04.2021 thereby not having benefit of the amendment made in the Finance Act, 2021 in foregoing terms. That being the clinching fact that sec. 143(1)(a)(v) itself is not applicable in assessee’s case specifically dealing with filing of a sec. 139(1) return, sub-clause(ii) could not be pressed in action being in the nature of a general provision only. We adopt principles of stricter interpretation as per Dilip Kumar And Co. & Ors. [2018 (7) TMI 1826 - SUPREME COURT] to conclude that both the learned lower authorities action disallowing the assessee’s sec. 80P deduction(s) claim(s) by way of sec. 143(1)(a)(ii) or 143(1)(a)(v) “processing” has to be reversed. Assessee appeal allowed.
|