TMI Blog2022 (12) TMI 1447X X X X Extracts X X X X X X X X Extracts X X X X ..... ted Section 80AC(ii) of the Act that although it has been prescribed in the relevant statute to claim the impugned deduction only after filing Section 139(1) return before the due date, this tribunal s recent coordinate bench in the case of M/s. Krushi Vibhag Karmchari Vrund Sahakari Path Sanstha [ 2022 (10) TMI 348 - ITAT NAGPUR] has held the foregoing condition(s) as directory and not a manda ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s concerned, the same hardly forms a binding precedent once dealing with assessment year 2009-10 only i.e., before 01.04.2018. We thus uphold the learned lower authorities action under challenge therefore denying sec.80P deduction in issue - Shri Satbeer Singh Godara, Judicial Memberand Shri Manoj Kumar Aggarwal, Accountant Member For the Appellant : Shri Kabil Chandran, Adv. For the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0/- for the A.Y. 2018-19] and Rs.35,91,710/- [followed by raising a demand of Rs.15,07,190/- for the A.Y. 2019-20]; respectivelyon the sole reason that it had not filed it s return within the due date under Section 139(1) of the Act. 4. We have given our thoughtful consideration to the vehement rival submissions and see no merit in assessee s stand. We make it clear that the assessee has indeed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and unless in Section 80AC(ii); for the period after 01.04.2018, by way of negative covenants which forms a mandatory stipulation only in light of PRINCIPLES OF STATUTORY INTERPRETATION by Justice G.P. Singh (termed as the treatise on the subject of statutory constructions) at Pages 446 to 448 under Chapter 5 thereof. So far as the assessee s reliance on this tribunal s learned coordinate benc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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