Section 80P deduction is available if the income tax return is not filed: ITAT analyzed section 80A (5)
ITAT, Bangalore in the case of Prathamika Krishi Pattina Sahakara Sangha Limited, Hassan vs. ITO has held that Section 80P deduction is available if the income tax return is not filed. ITAT analyzed the provision of section 80A(5).
Section 80A(5) of the Income Tax Act-1961 provides that the deduction u/s 10A or 10AA
“(5) Where the assessee fails to make a claim in his return of income for any deduction under section 10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading “C.—Deductions in respect of certain incomes”, no deduction shall be allowed to him thereunder”.
The copy of the order is as under: