that section 80A(5)
would have no application. Rather, he invoked section 80AC ,
which refers to six sections under which deduction cannot be
claimed without ... does not figure in the list of sections specified in section 80AC , the
ld. AR contended that the deduction u/s 80P ought to have
observed that
"4.6 The provision of Sec.80AC clearly states that no deduction
u/s.801A shall be allowed to the assessee unless ... view of various judicial rulings
with regard to 80AC, which places the clauses for the denial of
deduction, if the returns are not filed within
taking cognizance
of the amendment carried out in Section 80AC by Finance
Act, 2018 . Referring to the provisions of the Act it was
submitted that ... pear ing on behalf
of the Revenue invited attention to Section 80AC of the Act
on the basis of which the disallowance was carrie
disregarding the fact that the
said disallowance u/s 80AC was applicable in AY 2017-18 as wrongly
held ... without
considering detailed facts submitted by the Appellant and also
misinterpreting section 80AC .
[B] Relief Prayed:
The appellant therefore prays as follows,
1. To quash
Authorized Representative for the assessee submitted that a
perusal of section 80AC as it was applicable to the Assessment Year 2018-19
would show that ... deduction
claimed u/s 80P of the Act. The provisions of section 80AC of the Act were
only applicable in respect of deduction claimed
terms of
the amendment carried out in Section 80AC by Finance Act,
2 018 h as been a su bject matter of con sideration ... pear ing on behalf
of the Revenue invited attention to Section 80AC of the Act
on the basis of which the disallowance was carrie
ried out in
Se ction 80AC by Finance Act 2018, the requirement
according to the Revenue was there. He agreed that as a
result ... within the due date of filing of ITR
as provided in Section 80AC of the IT Act, 1961. Section 80AC was amended by
Finance
return of income stipulated under section 139(1) . These provisions of
sec. 80AC prior to the amendment did not place such restriction of
filing return ... well as other
deductions under Chapter VIA. However, the scope of Section 80AC
has been subsequently enlarged by amendment to the provisions of
sec. 80AC
revised return. The Ld. AO in view of the
provisions of section 80AC of the Act observed that the assessee could
claim deduction ... Rules, 1962.
Provisions of section 80IA(4)(v) , 80IA(7) and 80AC of the Act have a direct
bearing on this issue and the relevant
only in the revised return filed by the assessee, therefore, invoking
Section 80AC of the Act, the AO denied the benefit to the assessee ... this is not in tune
with provisions of section 80AC and section 80A (5) of the Act. Regarding this the
assessee has placed reliance
