TMI Blog2018 (7) TMI 656X X X X Extracts X X X X X X X X Extracts X X X X ..... rn filed beyond the period stipulated u/s 148 can also be accepted and acted upon provided further proceedings in relation to such assessments are pending in the statutory hierarchy of adjudication in terms of the provisions of the I. T. Act. In view of the above conclusions - direct the Assessing Officer to consider the claim of deduction u/s 80P of the I. T. Act as expeditiously as possible. Therefore, the appeals filed by the assessee are allowed for statistical purposes - ITA No. 146/Coch/2018, SA No. 12/Coch/2018 And ITA No. 147/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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The CIT(A) upheld the assessments u/s 147 r. w. s. 144 of the I. T. Act. As regards the claim of deduction u/s 80P(2) of the I. T. Act and the CIT(A) referring to the judgment of the Hon ble jurisdictional High 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 h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed in denying the exemption under section 80P of the Income Tax Act, 1961, on the mere ground of belated filing of return by the assessee? ( C) Whether a return filed by the assessee beyond the period stipulated 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld also make claim for deduction referable to section 80P. Not much different is the situation when pre-assessment enquiry is carried forward by 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 suc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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