TMI Blog2023 (5) TMI 1243X X X X Extracts X X X X X X X X Extracts X X X X ..... HKARI MANDALI LTD., LUNIDHAR VERSUS THE ASSESSING OFFICER (CPC) , BENGALURU [ 2023 (2) TMI 1012 - ITAT RAJKOT] - Appeal of the assessee is allowed. - SHRI SANJAY GARG, HON BLE JUDICIAL MEMBER AND DR. MANISH BORAD, HON BLE ACCOUNTANT MEMBER For the Assessee : Shri Siddharth Agarwal, Advocate For the Revenue : Shri P.P. Barman, Addl. CIT, Sr. D/R ORDER Per Sanjay Garg, Judicial Member: The present appeal is directed at the instance of the assessee against the order of the National Faceless Appeal Centre, Delhi (hereinafter the ld. CIT(A) ) dated 13/10/2022, passed u/s 250 of the Income Tax Act, 1961 ( the Act ), for Assessment Year 2019-20. 2. The assessee has raised the following revised grounds of app ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 22.02.2023 and ITA No. 186/Rjt/2022 dated 10.02.2023 in other group of cases. He thus pleaded that the disallowance u/s. 143(1) of the Act . Finally, the ld. Counsel for the assessee pleaded to quash the Intimation passed by the CPC, Centre. 6. Per contra, the Ld. D.R. appearing for the Revenue relied upon the order passed by the Lower Authorities. 7. We have heard rival contentions and perused the materials available on record. It is apparent from the order of the ld. CIT(A) that the amendment in Section 143(1) made by Finance Act, 2021 which is not applicable for the present Assessment Year 2019-20. However, the same was not considered by the Ld. CIT(A). 7.1. The Co-ordinate Bench of this Tribunal in Lunidhar Seva Sahakari Mand ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt 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 be said to be incorrect for the purposes of this sub-section: (a) an incorrect claim apparent from any information in the return shall mean a claim, on the basis of an entry, in the return, (i) of an item, which is inconsistent with another entry of the same or some other item in such return; (ii) in respect of which the information required to be furnished under this Act to substantiate such entry has not been so furnished; or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... turn). 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 date stipulated under section 139(1) of the Act. The Explanation to the said section specifically provides for cases/instances when the claim made by the assessee could be said to be incorrect . Therefore, in our considered view, the case of the assessee would also not 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). 7.3 We n ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 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 by the assessee for the assessment year 2019-20 and return of income was filed within due date permissible u/s 139(4) of the Act, in which the claim for deduction u/s 80P of the Act was made. Therefore, looking into the totality of facts, we are of the view that claim of deduction u/s 80P of the Act cannot be denied to the assessee only on the basis that the assessee did not file return of income its return of income within due date u/s 139(1) of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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