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Income Tax

Pre-2018 Years Safe – ITAT Allows 80P Deduction Despite Delay in Filing Return

Case Law Details

TaxGuru Citation
2025 taxguru.in 8220
Case Name
Dholka Nagaric Bachat Sahakari Mandali Ltd Vs ITO (ITAT Ahmedabad)
Date of Judgement/Order
Only available for paid members
Related Assessment Year
2017-18
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Dholka Nagaric Bachat Sahakari Mandali Ltd Vs ITO (ITAT Ahmedabad)

Amendment to 80AC Prospective – ITAT Ahmedabad Grants Relief to Co-op Society

Assessee, a co-operative credit society registered under the Gujarat Co-operative Societies Act, is engaged in providing credit facilities to members & accepting deposits. For AY 2017-18, it did not file its return within the due date u/s 139(1). Later, during assessment proceedings, AO issued notices u/s 142(1) & show-cause notices, to which Assessee responded that since its income after deduction u/s 80P was below taxable limit, it was under a bona fide belief that filing return was not mandatory.

AO, however, applied the sixth proviso to s.139(1) & held that when gross total income before deduction u/s 80P exceeds the taxable threshold, return filing is mandatory. Consequently, AO denied deduction u/s 80P(2)(a)(i) of ₹7,21,430 & taxed the income accordingly. CIT(A) confirmed the disallowance, passing an ex parte order due to non-compliance by Assessee.

Arguments before ITAT

Assessee contended that the amendment to s.80AC, making timely filing of return a precondition for deductions under Chapter VIA, was introduced by Finance Act, 2018, effective from AY 2018-19 onwards. Hence, it could not be applied to AY 2017-18. It further argued that being a small-town co-operative society, its office bearers were under a genuine belief that exemption applied automatically.

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Author Info

CA Vijayakumar Shetty
Qualification: CA in Practice
Company: Shetty & Co, Chartered Accountants, Mangalore
Location: Mangalore, Karnataka
Articles Published: 6,879

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