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2024 (3) TMI 1123

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..... mation in the return - HELD THAT:- Legislature has introduced such a disallowance provision in sec. 143(1)(a)(v) dealing with deduction claim(s) provided in Chapter-VI-A of the Act by way of Finance Act, 2021 w.e.f. 01.04.2021 with prospective effect whereas the assessment year herein is 2017-2018 only. So far as the Revenue s case quoting sec. 80AC is concerned, it would be very much relevant to .....

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..... les of stricter interpretation as per Dilip Kumar And Co. Ors. [ 2018 (7) TMI 1826 - SUPREME COURT] to conclude that both the learned lower authorities action disallowing the assessee s sec. 80P deduction(s) claim(s) by way of sec. 143(1)(a)(ii) or 143(1)(a)(v) processing has to be reversed. Assessee appeal allowed. - Shri Satbeer Singh Godara, Judicial Member For the Assessee : Shri Mahavir Ata .....

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..... disallowed u/sec. 143(1)(a)(ii) of the Act by way of processing as an instance of incorrect claim if such incorrect claim is there from any information in the return . Mr. Marathe further quoted sec. 80AC as well as [2022] 138 taxmann.com 571 (Madras) Veerappampalayam Primary Agricultural Cooperative Credit Society Vs. DCIT that the instant issue has already been settled in Revenue s favour. 3. I .....

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..... Cooperative Credit Society (supra), is also found to be distinguishable on facts as their lordships had dealt with assessment year 2018-2019 vide judgment dated 07.04.2021 thereby not having benefit of the amendment made in the Finance Act, 2021 in foregoing terms. That being the clinching fact that sec. 143(1)(a)(v) itself is not applicable in assessee s case specifically dealing with filing of .....

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