Jhaupathara Samabay Krishi Unnyan Samiti Limited vs. Assistant Director of Income Tax

Parties Involved

Facts Summary

The assessee, Jhaupathara Samabay Krishi Unnyan Samiti Limited, a Cooperative Society registered under the West Bengal Cooperative Society Act, 2006, filed its income return belatedly for the Assessment Year 2019-20 on 12.03.2020, declaring a total income at 'NIL'. The assessee claimed a deduction under section 80P of the Income Tax Act amounting to Rs.6,03,194/-. The Centralized Processing Centre denied the claim of deduction under section 80P on the ground that the return of income was not filed before the due date prescribed under section 139(1) of the Act. The case was processed under section 143(1)(a) of the Act by the CPC, Bangalore. The assessee appealed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 30.12.2022.…

Legal Issues

• 1. Whether the disallowance of deduction under section 80P of the Income Tax Act is valid when the return is filed beyond the due date?

Judgment Outcome

Decided in favour of Assessee.

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