SHRI SAMARTH GRAMIN BIGAR SHETI SAHAKARI PATSANSTHA LTD. , PUNE V. INCOME TAXOFFICER WRD8(3), PUNE, PUNE

ITA 161/PUN/2024

• Counselvise Citation: [2024] 101 COUNSELVISE.COM (IT) 8315 (ITAT-PUNE)
• Duration Of Justice: 1 month(s) 12 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 07-03-2024
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2018-2019
• Appeal Filed On: 24-01-2024
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: BASAVARAJ HIREM ATH
• Keywords: Retrospective amendment

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE “SMC” BENCH : PUNE [THROUGH VIRTUAL HEARING] BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER I.T.A.No.161/PUN./2024 Assessment Year 2018-2019 Shri Samarth Gramin Biagar Sheti Sahakari Patsanstha Limited, At Post Nigoje, Tal Khed, Ward- 14(3), Pune – 410 501. Maharashtra. PAN AAFAS5543Q vs. The Income Tax Officer, Ward-8(3), Income Tax Office, Akurdi, R.S.11, Income Tax Staff Colony Road, Pradhikaran, Nigdi, Pimpri-Chinchwad, PIN – 411 044. Maharashtra. (Appellant) (Respondent) For Assessee : Shri Pramod S Shingte For Revenue : Shri Basavaraj Hiremath Date of Hearing : 08.03.2024 Date of Pronouncement : 08.03.2024 ORDER PER SATBEER SINGH GODARA, J.M. : This assessee’s appeal for assessment year 2018-19, arises against the Addl./JCIT(A)-4, Delhi’s Din and Order No.ITBA/ APL/S/250/2023-24/1058288990(1), dated 29.11.2023, involving proceedings u/s.143(1) of the Income Tax Act, 1961 (in short “the Act”). Heard both the parties. Case file perused. 2. It emerges during the course of hearing with the able assistance coming from both the sides that both the learned lower authorities, and more particularly, the DCIT-CPC herein, had disallowed the assessee’s sec.80P deduction claim involving a sum of Rs.39,62,982/- by way of “processing” under sub-sec.(a)(v) 2 ITA.No.161/PUN./2024 thereof. The Revenue could hardly dispute that such a deduction under Chapter-VIA have been made disallowable in sec.143(1)(a)(v) “processing” vide Finance Act 2021 w.e.f. 01.04.2021 without having any retrospective effect. We are in assessment year 2018- 2019 only. This being the clinching factual and legal position, it is held that the impugned processing dated 03.09.2019 as upheld in the CIT(A)'s order, disallowing sec.80P claim is not sustainable in law going by stricter interpretation as per Commissioner of Customs (Imports), Mumbai vs. M/s. Dilip Kumar And Co. & Ors. [2018] 9 SCC 1 (SC) (FB). Ordered accordingly. 3. This assessee’s appeal is allowed in above terms. Order pronounced in the open Court on 08.03.2024. Sd/-/- [SATBEER SINGH GODARA] JUDICIAL MEMBER Pune, Dated 08 th March, 2024 VBP/- Copy to 1. The appellant 2. The respondent 3. The Pr. CIT, Pune concerned 4. D.R. ITAT, “SMC” Bench, Pune. 5. Guard File. //By Order// //True Copy // Sr. Private Secretary, ITAT, Pune Benches, Pune.