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2020 (10) TMI 1010 - AT - Income TaxDeduction claimed u/s. 80P invoking his powers u/s. 154 - deduction in the return of income which the assessee had complied while responding to notice issued u/s. 148 - HELD THAT:- Section 80A(5) does not stipulate that the return of income should be filed within the due date prescribed u/s.139(1) & (4) of the Act. No other provisions of the Act which bars the claim of deduction u/s. 80P of the Act if the return of income is not filed within the due date as provided u/s. 139(1) & (4). DR also could not successfully controvert to the submission of the ld. AR. Therefore, we do not find any merit in the order passed by the Ld. AO invoking his powers U/s. 154 of the Act, withdrawing the claim of deduction U/s. 80P of the Act in the case of the assessee for both the AYs. Since the ld. CIT (A) has also agreed with the same view of the ld. AO, his orders are also devoid of merits. For the aforestated reasons, we hereby set aside the orders of the Ld. CIT (A) and direct the ld. AO to grant deduction u/s. 80P of the Act to the assessee for both the AYs. Accordingly, both the appeals of the assessee are held in its favour.
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