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ITAT Jaipur Upholds Section 263 Revision for Belated Section 80P Claim

Case Law Details

TaxGuru Citation
2026 taxguru.in 13247
Case Name
Lichamanpura Gram Sewa Sahkari Samiti Ltd Vs PCIT (ITAT Jaipur)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2019-20
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Lichamanpura Gram Sewa Sahkari Samiti Ltd Vs PCIT (ITAT Jaipur)

Belated Return Closes the Door on Section 80P Deduction: Claim Made in Response to Notice u/s 148 Must Still Pass the Mandatory Test of Section 80A

Reassessment Triggered by Cash Deposits of ₹2.58 Crore

The assessee was a credit co-operative society engaged in providing credit facilities to its members. It had not originally filed its return of income for AY 2019-20.

Based on information received through the Insight portal identifying the assessee as a high-risk non-filer, the Department noticed cash deposits aggregating to ₹2,58,57,401 in its bank account. Consequently, proceedings were initiated by issuing notice u/s 148.

In response, the assessee filed its return and explained that the cash deposits arose in the ordinary course of its credit co-operative activities. It furnished its profit & loss account, audit report, cash book, bank statements and other supporting records. The assessee claimed deduction of its income u/s 80P and returned nil taxable income.

The AO accepted the explanation concerning the cash deposits and also allowed the deduction claimed u/s 80P. No addition was consequently made.

The PCIT, however, noticed that the return had not been filed within the time prescribed u/s 139(1). It had been filed only on 13.04.2023 in response to the notice u/s 148. Since Section 80AC mandates timely filing of the return as a condition for claiming deduction under the relevant provisions of Chapter VI-A, the PCIT considered the allowance of deduction u/s 80P to be contrary to law.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 7,565

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