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Case Law Details

Case Name : Kishorepur Paschimanchal SKUS Limited Vs ITO (ITAT Kolkata)
Appeal Number : I.T.A. No. 716/Kol/2022
Date of Judgement/Order : 22/05/2023
Related Assessment Year : 2019-2020
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Kishorepur Paschimanchal SKUS Limited Vs ITO (ITAT Kolkata)

Introduction: The ITAT Kolkata, in the case of Kishorepur Paschimanchal SKUS Limited Vs ITO, issued a significant ruling that deduction claims under section 80P of the Income Tax Act cannot be denied due to late filing of the return of income (ROI). The tribunal deemed the intimation passed by the Central Processing Centre (CPC) as invalid and thereby quashed it.

Analysis: The ITAT’s ruling clarified the interpretation of Section 80P of the Income Tax Act and Section 143(1) in the context of late ROI filing. The tribunal referred to the Lunidhar Seva Sahakari Mandali Ltd. case, where it was determined that the amendment introduced in Section 143(1)(a)(v) w.e.f. 1-4-2021, disallowing deductions under Chapter VI-A for returns filed beyond the due date, was not applicable for the Assessment Year 2019-20.

The ruling further relied on precedents such as Chirakkal Service Co-Operative Bank Ltd. Kannur v. CIT and ASR Engg. & Projects Ltd., where it was established that late filing of returns does not invalidate deduction claims if further proceedings in such assessments are pending in statutory hierarchy of adjudication.

Conclusion: This ruling sets a significant precedent for taxpayers who have filed their ROI late. It brings about a broader understanding that the amendment introduced in Section 143(1)(a)(v) of the Act will not apply to the Assessment Year 2019-20. It gives relief to those taxpayers who had been denied the benefits of Section 80P due to late filing of ROI, emphasizing that each case needs to be evaluated based on its own specific context and circumstances.

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