Vishva Villa Co-op Housing Society Ltd Vs ITO (ITAT Mumbai)
ITAT Mumbai held that disallowance made by the CPC u/s. 143(1)(a) of the Income Tax Act on the claim of deduction u/s. 80P of the Income Tax Act is beyond the scope of adjustment u/s. 143(1) accordingly the adjustment is deleted.
Facts- The present appeals are filed by the assessee against impugned order passed by additional/ JCIT(A)–1 Ahemdabad for the assessment year 2012-13, 2013-14 & 2014-15 with regard to adjustment made u/s. 143(1)(a) by disallowing claim of deduction u/s. 80P(2)(d).
Conclusion- Held that admittedly assessee is a Co-operative Housing Society registered under Maharashtra Society act 1960 and as per the said act of the Co-operative Housing Societies have to get their accounts audited ones there is requirement to furnish and audit before from Charted Accountant, and therefore the due date was 31/10/2012 and 31/10/2014 for the A.Y 2012-23 and 2014 -15 respectively and thus assesse had filed the return of income within the due date of under section 139(1). Thus even under amended provision no prima facie adjustment have been made no prima facie adjustment on account of deduction u/s.80P could have been made. In the early provision of adjustment u/s. 143(1)(a) no such disallowance could have been made. Accordingly, we hold that disallowance made by the CPC u/s. 143(1)(a) on the claim of deduction u/s. 80P is beyond the scope of adjustment u/s. 143(1) accordingly the adjustment is deleted.
