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TMI Blog2022 (12) TMI 752X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment year 2018-19. The assessee has assailed the impugned order on the following grounds of appeal: "1. In the facts and circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) erred in not allowing deduction of Rs.16,40,116/- u/s.80P of the Income Tax Act, 1961 which may kindly be allowed. 2. The appellant craves leave to add, amend, modify any ground(s) of appeal with due permission." 2. Controversy involved in the present appeal lies in a narrow compass, i.e., sustainability of the disallowance of the assessee's claim for deduction of Rs.16,40,116/- u/s.80P of the Act, for the reason that the assessee-society had filed its return of income belatedly, i.e., beyond the "due date" specified u/s.139(1) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellant that the ITR could not be filed before the due date for filing of return i.e. 31/08/2018 due to various reasons narrated in the written submission is not acceptable due to mandatory provisions of the law. Here timely filing of ITR is mandatory statutory requirement as far as compliance to section 80AC is concerned. Thus, the contention of the appellant is not acceptable. Accordingly, the Grounds of Appeal no. 1 is hereby dismissed." 6. The assessee being aggrieved with the order of the CIT(Appeals) has carried the matter in appeal before me. 7. I have heard the ld. Authorized Representatives of both the parties, perused the orders of the lower authorities and the material available on record, as well as considered the judicial p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that as Section 143(1)(a)(v) of the Act was brought in conformity and rendered compatible to facilitate disallowance of claim for deduction u/s.80P r.w.Section 80AC(ii) only vide the Finance Act, 2021 w.e.f. 01.04.2021, thus, the disallowance of the assessee's claim for deduction u/s.80P for a period prior thereto i.e. A.Y.2018- 19 could not have been carried out in the garb of an adjustment u/s.143(1)(a) of the Act. 10. Before proceeding any further, I deem it fit to cull out the post-amended provisions of Section 80AC of the Act, which reads as under: "80AC. Where in computing the total income of an assessee of any previous year relevant to the assessment year commencing on or after- (i) the 1st day of April, 2006 but before the 1st ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Chapter VIA in a case return of income is furnished by him beyond the "due date" specified in sub-section (1) of Section 139 of the Act was made available only vide the Finance Act, 2021, w.e.f. 01.04.2021 i.e. from A.Y.2021-22 onwards. On the basis of the aforesaid position of law, I concur with the claim of the Ld. AR that as the pre-amended Section 143(1)(a)(v) jeopardized the allowability of an assessee's claim for deduction only qua those claimed under Section 10A, 80-IA, 80-IAB, 80-IB, 80-IC, 80-ID or 80-IE of the Act, and Section 143(1)(a)(v) was only post-amendment that was made available on the statute vide the Finance Act, 2021 w.e.f. 01.04.2021 been made compatible, and in fact workable, to facilitate a disallowance contemplated ..... X X X X Extracts X X X X X X X X Extracts X X X X
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