TMI Blog2018 (7) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... udication in terms of the provisions of the I. T. Act. We direct the Assessing Officer to consider the claim of deduction u/s 80P of the I. T. Act as expeditiously as possible. - Appeals filed by the assessee are allowed for statistical purposes. - ITA No. 146/Coch/2018, ITA No. 147/Coch/2018, SA No. 12/Coch/2018 And SA No. 13/Coch/2018 - - - Dated:- 5-7-2018 - Shri Chandra Poojari, AM And Shri George George K, JM For The Appellant : Sri. Arun Raj, Advocate For The Respondent : Sri. A. Dhanaraj, Sr. DR ORDER Per Bench These appeals at the instance of the assessee are directed against two orders of the CIT(A), both dated 27. 02. 2018. The relevant assessment years are 2012-2013 and 2013-2014. The assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... igh Court in the case of Chirakkal Service Co-op Bank Ltd vs CIT reported in 384 ITR 490 held that since the assessee has not filed the return of income for assessment years 2012-2013 and 2013-2014, no deduction u/s 80P(2) of the I. T. Act can be claimed by the assessee. 4. Aggrieved by the orders of the CIT(A) for assessment years 2012-2013 and 2013-2014, the assessee has preferred the present appeals before the Tribunal. The learned Counsel for the assessee submitted that when appeals were pending before the Tribunal, the assessee has filed the returns of income for the assessment years 2012-2013 and 2013-2014 and claimed deduction therein u/s 80P(2) of the I. T. Act. Therefore, it was submitted by the learned Counsel for the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted under section 139(1)/(4) or section 142(1) / 148 can be held as non est in law and invalid for the purpose of deciding exemption under section 80P of the Income Tax Act, 1961? 6. 1 In deciding the above questions, the Hon ble High Court held as follows:- 19 . Section 80A(5) provides that where the assessee fails to make a claim in his return of income for any deduction, inter alia, under any provision of Chapter VIA under the heading C . - Deductions in respect of certain incomes , no deduction shall be allowed to him thereunder Therefore, in cases here no returns have been filed for a particular assessment year, no deductions shall be allowed . This embargo in section 80A(5) would apply, though section 80P is ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... issuance of notice under section 142(1) or when notice is issued on the premise of escaped assessment referable to section 148 of the IT Act . This position notwithstanding, when an assessment is subjected to first appeal or further appeals under the IT Act or all questions germane for concluding the assessment would be relevant and claims which may result in modification of the returns already filed could also be entertained, particularly when it relates to claims for exemptions . This is so because the finality of assessment would not be achieved in all such cases, until the termination of all such appellate remedies . Under such circumstances, the Tribunal was not justified in denying exemption under section 80P of the IT Act o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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