2017 (3) TMI 1391

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... circumstances of the case, the claim of deduction under Chapter VIA of the I.T. Act 1961 not made in the original return of income can be allowed as deduction otherwise than by revised return of income" 3. The respondent assessee is a Cooperative Credit Society formed by the Secondary Teachers' in Zilla Parishad schools and is engaged in providing the credit facility to its members. The respondent assessee filed its return of income for the subject assessment year both in hard copy as well as online. The Assessing Officer assessed the return of income and passed an order on 18th December, 2009 under Section 143(3) of the Act accepting the return of income as Nil after allowing exemption under Section 80P of the Act. 4. Subsequently, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... appellant Revenue, the deduction claimed by the respondent assessee was not reflected as deduction from the total income. This error was particularly evident from the fact that the total liability worked out by the software was Nil, indicating no taxable income. Besides, the impugned order holds that the reasons recorded to select the return of income of the respondent assessee for scrutiny assessment was deduction claimed under Chapter VIA of the Act being in excess of Rs. 25 lakhs. Besides, it holds that the assessment order dated 18th December, 2009 of the Assessing Officer also reflects the consideration of the respondent assessee's claim for deduction under Section 80P of the Act. In the aforesaid circumstances, the impugned order .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... deduction under Section 80 of the Act. In the aforesaid facts, the decision of the Apex Court in Goetze (India) Ltd. (supra) would have no application as the return of income as evidenced by the hard copy of the return of income had claimed deduction under Section 80P of the Act. Further, the malfunctioning of the software under which the return of income was electronically uploaded is also not disputed before us, nor is it shown that the finding of the Tribunal on the above account is in any manner perverse. So far as the nonconsideration by the Assessing Officer of the merits of the claim for deduction under Section 80P of the Act is concerned, we find that the Assessing Officer had considered the claim for deduction under Section 80P of .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X