HARIPUR LAYALGANJ SKUS LTD.,SOUTH TWENTY FOUR PARGANAS V. ITO, WARD 26(4), , KOLKATA

ITA 713/KOL/2025

AI Insights

The case involves Haripur Layalganj SKUS Ltd, the appellant, contesting the denial of deduction under Section 80P of the Income Tax Act for the Assessment Year 2017-2018. The Assessing Officer had denied the deduction on the grounds that the original return filed did not claim such a deduction, and the assessee had not filed a regular return. However, the Tribunal noted that the requirement to file a regular return to claim deductions under Section 80P, as stipulated by Section 80AC, was only applicable from April 1, 2018, and thus did not apply to the assessment year in question.

• Counselvise Citation: [2025] 140 COUNSELVISE.COM (IT) 708399 (ITAT-KOLKATA)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 16-07-2025
• Appeal Filed By: Assessee
• Order Result: Partly Allowed
• Assessment Year: 2017-2018
• Laws Referred To: Section 80P of the Act, Section 80AC of the Act
• Result in Favour of: Partly Allowed
• Court: TRIBUNAL
• Department Lawyers: SIMA DAS BISWAS
• Assessee Lawyers: T.WARSI
• Keywords: Set aside

Judgement Text

" आयकर अपीलीय अधिकरण, “एस.एम.सी” न्यायपीठ, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH KOLKATA श्री जाजज माथन, न्याययक सदस्य क े समक्ष । BEFORE SHRI GEORGE MATHAN, JUDICIAL MEMBER आयकर अपील सं/ITA No.713/KOL/2025 (नििाारण वर्ा / Assessment Year :2017-2018) Haripur Layalganj SKUS Ltd Haripur, Kakdwip, South 24 Parganas-743357 Vs ITO, Ward-26(4), Kolkata PAN No. : AAAAH 9283 R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee by : Shri T.Warsi, AR राजस्व की ओर से /Revenue by : Smt. Sima Das Biswas, JCIT-Sr.DR सुनवाई की तारीख / Date of Hearing : 16/07/2025 घोषणा की तारीख/Date of Pronouncement : 16/07/2025 आदेश / O R D E R This is an appeal filed by the assessee against the order of the ld. Addl./JCIT(A)-10, Mumbai, dated 11.02.2025 for the Assessment Year 2017-2018. 2. Shri T. Warsi, ld.AR appeared on behalf of the assessee and Smt. Sima Das Biswas, ld. Sr.DR appeared on behalf of the revenue. 3. It was submitted by the ld AR that the AO had denied the assessee the benefit of deduction u/s.80P of the Act on the ground that the original return had not been filed and there was no claim in the original return. It was the submission that the assessee had admittedly not filed regular return. It was the submission that the requirement of filing of regular return was made mandatory for the purpose of claiming deduction u/s.80P of the Act as per the provisions of Section 80AC of the Act w.e.f. 01.04.2018. It was the submission that the impugned assessment year before the Tribunal are A.Y.2015-2016 & 2017-2018. It was the submission that the AO may ITA No.713/KOL/2025 2 be directed to recompute the income of the assessee and grant the assessee the benefit of deduction u/s.80P of the Act as per law. 4. In reply, ld Sr DR vehemently supported the orders of the ld.AO and ld. CIT(A). 5. We have considered the rival submissions. A perusal of the provisions of Section 80AC of the Act for requirement of filing return for the purpose of deduction u/s.80P of the Act came into statute book w.e.f. 01.04.2018. The impugned assessment year before the Tribunal is A.Y.2017-2018. The said amended provisions of Section 80AC of the Act would not be applied to the assessment year 2017-2018. Consequently the assessee is entitled to claim deduction u/s.80P of the Act as the amendment is effective from 01.04.2018. This being so, the assessment order and the order of the ld. CIT(A) are set aside and the issues in this appeal are restored to the file of the AO for readjudication. The AO shall grant the assessee the benefit of deduction u/s.80P of the Act and recompute the same in accordance with law. 6. In the result, appeal of the assessee is partly allowed for statistical purposes. Order dictated and pronounced in the open court on 16/07/2025. Sd/- (जाजज माथन) (GEORGE MATHAN) न्यानयक सदस्य / JUDICIAL MEMBER कोलकाता Kolkata; ददनाांक Dated 16/07/2025 Prakash Kumar Mishra, Sr.P.S. ITA No.713/KOL/2025 3 आदेश की प्रनतललपप अग्रेपर्त/Copy of the Order forwarded to : आदेशािुसार/ BY ORDER, (Assistant Registrar) Income Tax Appellate Tribunal, Kolkata 1. अपीलाथी / The Appellant- 2. प्रत्यथी / The Respondent- 3. आयकर आयुक्त(अपील) / The CIT(A), 4. आयकर आयुक्त / CIT 5. विभागीय प्रविविवि, आयकर अपीलीय अविकरण, कोलकाता / DR, ITAT, Kolkata 6. गार्ज फाईल / Guard file. सत्यापपत प्रयत //True Copy// "