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6.1 The factual matrix of the case is that the return of income u/s 139 of the Act was filed by the assessee on 29.12.2018, whereas the extended date for filing the return was 31.8.2018. Therefore, the return was not filed within the due date as provided u/s 139(1) of the Act. Further section 80AC provides that no deduction shall be allowed if the return is not filed within the due date as specified u/s 139(1) of the Act. Section 80AC is reproduced below:
"Deduction not to be allowed unless return furnished.
• The Lanjani Co-operative Agri Service Society Ltd., ITA • Jila ALP SankhyakBachatSahakari Sakh Samiti Maryadit, • Meghana Apartment Co-operative Housing Society Ltd., ITA No.612, 613, 614/Mum/2022
5. He further submitted that the Tribunal had decided the similar issue in favour of the assessee in the above cited judgments.

Accordingly, he requested that the issue may be decided in favour of the assessee.

6. On the other hand, learned DR relied on the order of the lower authorities and submitted that the due date of filing of return was 31.08.2018, whereas the assessee filed return on 29.12.2018, which is beyond the due date for filing the return of income. The section 80AC(ii) of the Act has been amended and if assessee wants to claim deduction under Chapter VI-A under the heading 'Deduction in respect of certain incomes' he has to file the return of income within the due date as per section 139(1) of the Act but the assessee did not comply with the provisions of section 80AC of the Act. Therefore, he is not eligible for making claim for deduction under section 80P of the Act. He further submitted that the provision of section 80AC of the Act for getting deduction is mandatory to comply. He further submitted that the CPC can make adjustment under section 143(1)(a) of the Act while processing the return. It is prima facie adjustments made by the CPC on the basis of information furnished by the assessee itself in its return of income, accordingly while processing the return as if the assessee has complied with the provisions of the Act for getting any deduction/relief/rebate or exemption. The CPC will not make any adjustments if the assessee has complied as per the Income Tax Provisions but if there is any non-compliance of the relevant sections/provisions/rules then the assessee is not eligible for exemption/deduction/rebate/relief. In support of his arguments, he relied on the following judgments:

"7. On going through the above inserted clause (ii) in section 80AC of the Act, the assessee has to comply the section 80AC of the Act, if it wants to claim deduction under Chapter VIA under the heading "C-Deductions in respect of certain incomes". The assessee has claimed deduction U/s 80P(2)(a)(i) on profits earned during the year and filed return of income on 31.12.2018, which is beyond the due date as prescribed as per section 139(1) of the Act, accordingly the assessee is not complying with the condition which are prescribed by section 80AC(ii) of the Act. The Hon'ble Apex Court in the recent decision , settled the law in case of an exemption / deduction clause in a tax statute in the case of Checkmate Services (P.) Ltd. v. Commissioner of Income-tax reported in [2022] 143 taxmann.com 178 (SC) in which it has been held as under:-

Had it been a case where the express prohibition as in the words quoted from Section 80AC were not there, an arguable case could have been made out. However, when the governing provision expressly mandates that no such deductions shall be allowed unless the assessee filed his returns of income "on or before the due dates specified under" Section 139 (1) of the Act, there is no question of referring to the extended period permitted under Section 139(4) of the Act to seek the benefit. Indeed, if the embargo were not as strict as is evident from the relevant provision, the entirety of Section 139 would have been mentioned in the relevant expression in Section 80AC of the Act which would have included within its sweep the extended period under sub- section (4) thereof. But in such provision referring only to sub-section (1) of Section 139 of the Act, the reference to the other provisions of Section 139 must be understood to have been excluded.