TMI Blog2023 (3) TMI 814X X X X Extracts X X X X X X X X Extracts X X X X ..... s. 139(1) of the Act under proceedings made u/s. 143(1)(a)(v) of the Act for the Assessment Year 2019-20. Thus the intimation made u/s. 143(1) is invalid in law and thereby quashed. Appeal filed by the Assessee allowed. - ITA No. 13/Rjt/2022 - - - Dated:- 3-3-2023 - Shri Waseem Ahmed , Accountant Member And Shri T. R. Senthil Kumar , Judicial Member For the Assessee : Ms. Devina Patel , A. R. For the Revenue : Shri B. D. Gupta , Sr. D. R. ORDER PER : T. R. SENTHIL KUMAR , JUDICIAL MEMBER : - This appeal is filed by the Assessee against the Appellate order dated 02.12.2021 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (in short referred to as NFAC ), arising out of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce Cooperative Bank Vs CIT (2016) 384 ITR 490 (Ker), (iii) Citizen Cooperative Society Vs ACIT, Hyderabad (SC) [2018] 252 Taxman 274 (SC) (iv) SBI vs CIT (2016) 389 ITR 0578 (GUJ) (v) ITAT 'C' Ahmedabad in the case of Uttar Gujarat Cooperative Credit Society Ltd VS ITO (ITA No. 1670 1671/Ahd/2018- A.Y. 2014-15 2015-16) (vi) ITAT, Surat in the case of Bardoli Vbhag Cooperative Credit Society Ltd Vs PCIT (2021) 189 ITD 0604 (Surat Trib) (vii) ITAT, Rajkot Bench in the case of Surendra Nagar Dist Cooperative Milk Producers Union Ltd. Vs DCIT in ITA No. 262-263/Rjt/2018 dated 20.09.2019. 3.1. However the Ld. CIT(A) dismissed the appeal filed by the assessee stating that the case laws are not applic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of hearing of the above appeal, Ld. Counsel Ms. Devina Patel for the assessee submitted before us that this issue is squarely covered by the Co-ordinate Benches judgments in the case of Lunidhar Seva Sahakari Mandali Ltd. vs. Assessing Officer (CPC) in ITA No. 202/Rjt/2022 dated 22.02.2023 and ITA No. 186/Rjt/2022 dated 10.02.2023 in other group of cases. Thus pleaded that the assessment year involved herein being A.Y. 2019- 2020, the disallowance u/s. 143(1)(a)(v) cannot be done. Therefore pleaded to quash the Intimation passed by the CPC, Centre. 5. Per contra, the Ld. D.R. appearing for the Revenue relied upon the order passed by the Lower Authorities and requested to dismiss the assessee appeal. 6. We have given our thoughtful c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act provides that disallowance of deduction claimed under any of the provisions of Chapter VI-A under the heading C. Deductions in respect of certain incomes (which includes deduction under section 80P of the Act), can be made if the return is furnished beyond the due date specified under sub-section (1) of section 139. This amendment has been introduced w.e.f. 1-4-2021. Accordingly, the above amendment would not apply to the impugned assessment year. Further, section 143(1)(ii) of the Act permits adjustment in case of an incorrect claim, if such incorrect claim is apparent from any information in the return. However, Explanation to the aforesaid section specifies the following cases where the claim made in the return of income can b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... purview of prima facie adjustment under section 143(1)(a)(v) of the Act, for the simple reason that the section was not in force during the period under consideration i.e. assessment year 2019-20. 7.2 The second issue for consideration is that whether the case of the assessee would fall within the purview of prima facie adjustment under section 143(1)(a)(ii) (an incorrect claim, if such incorrect claim is apparent from any information in the return). In our view, the scope of the adjustments that can be made under the said provision has been elaborated in the Explanation to the aforesaid section, which does not include denial of deduction claimed by the assessee in case the assessee does not furnish its return of income within the dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 80-IA even if such claim was not made in original return but subsequently in revised return filed in response to notice issued under section 153A. In the case of Lanjani Co-Operative Agri Service Society Ltd. (CPC) v. DCIT [2023] 146 taxmann.com 468 (Chandigarh - Trib.), the ITAT held that the enabling provisions of sub-clause (v) of section 143(1) providing for disallowance of deduction under section 80P due to late filing of return having been introduced by Finance Act, 2021 effective from 1-4-2021, disallowance of deduction claimed under section 80P during relevant years 2018-19 and 2019-20 on grounds of late filing of return was unjustified 7.4 We note that the instant case, there was a delay in filing the return of income b ..... X X X X Extracts X X X X X X X X Extracts X X X X
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