9911796707
TMI Blog2024 (1) TMI 1184X X X X Extracts X X X X X X X X Extracts X X X X ..... ned CIT (Appeals) NFAC has erred in law and on facts in upholding the action of AO (CPC) in disallowing the deduction under section 80P within provisions of Part C of Chapter VIA of the Income Tax Act, 1961 treating the return filed by the assessee as 'belated return'. 2. That having regard to facts and circumstances of the case, the learned CIT (Appeals) NFAC has erred in law and on facts in not appreciating that the accounts of the assessee are required to be audited under section 64 of the U.P. Cooperative Societies Act, 1965 and as such the 'due date' of the return fails within Explanation 2(1)(ii) to section 139 (1) of the Income Tax Act, 1961 and the return filed on 01.10.2018 by the assessee was not a 'belated return'. 3. That ha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ghtage as well as meaning has to be attributed to the purposes of section 143(1)(a) of the Act. The provisions of section 80AC(ii) make it clear that any deduction that is claimed under Part C of Chapter VIA would be admissible only if the return of income in that case were filed within the prescribed due date. Thus no claim under any of the provisions of Part C of Chapter VIA would be admissible in the case of a belated return. There is no dispute on this position. The date of filing of a return of income would be apparent on the face of return and upon a perusal thereof, it would be clear as to whether the return is a valid return, having been filed within the statutory time limit, or a belated one. This is mechanical exercise and one t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the powers vested with him u/s143(1)(a) as it involves a simple verification of the fact - whether return along with the audit report has been filed by the due date prescribed or otherwise. Therefore, in consequence of the changes made in Sec. 80AC and the fact of late filing of the audit report by the appellant, I have no other option but to confirm the action of the AO. 5.7 The claim is well covered within the provision of 143(1)(a) as it is a incorrect claim which is in consistent with the requirements required to claim the deduction- the audit report being late. 6. In the result, the Appeal is dismissed." 5. Against the above order, assessee is in appeal before us. We have heard both the parties and perused the records. 6. We f ..... X X X X Extracts X X X X X X X X Extracts X X X X
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