TMI Blog2022 (8) TMI 1029X X X X Extracts X X X X X X X X Extracts X X X X ..... t by speed post to CPC, Bangalore on 15/3/2022. It is noticed from the submissions made by the AR that the return has been filed u/s.139(4) - As per section 139(4) of the Act Any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previous year at any time before three months prior to the end of the relevant assessment year or before the completion of the assessment, whichever is earlier. It is noted from the paper book page no. 21 the assessee has filed its return of income for the AY 2017-18on 5/3/2022 u/s. 139(4). Since the return of income has been filed after completion of the assessment, the return should have been held as invalid and hence the claim made by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the mistake while passing the order U/s. 144 of the Act. Aggrieved by the order of the Ld. AO the assessee filed an appeal before the Ld. CIT(A). Considering the submissions made by the assessee s representative, the Ld. CIT(A) dismissed the appeal of the assessee and upheld the order of the Ld. AO. Aggrieved by the order of the Ld. CIT(A), the assessee is in appeal before us. 3. The assessee has raised the following grounds of appeal: 1. The Ld. CIT(A), NFAC erred in both in law and on facts in not allowing deduction under section 80P of the Assessee cooperative credit society though the society being credit cooperative credit society and eligible for deduction u/s. 80P. 2. The Ld. CIT(A), NFAC erred both in law and facts in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the instant case due to the fact that it does not mention within which period the return should be filed. The Ld.AR further submitted that section 80AC(ii) which was inserted wef 1/4/2018 specifies that any Deductionis admissible under any provisions of this Chapter under heading C-deductions in respect of certain incomes no such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section (1) of section 139 of the Act. The Ld. AR argued that since the heading C-deductions in respect of certain incomes has been segregated from the other deductions it has to be applied to the instant case also. The Ld. AR relied on the decision of the Hon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 80A of the Act it is imperative to the assessee to make a claim in its return of income for any deduction under any provisions of the Chapter under the heading C-deduction in respect of certain incomes . Since the assessee has failed to file its return of income claiming the deduction prima facie no deduction is permissible under the Act. Similarly, the assessee has filed return of income manually on 5/3/2022 which was sent by speed post to CPC, Bangalore on 15/3/2022. It is noticed from the submissions made by the Ld.AR that the return has been filed U/s. 139(4) of the Act. As per section 139(4) of the Act Any person who has not furnished a return within the time allowed to him under sub-section (1), may furnish the return for any previo ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
