80p deduction
This query is : Resolved
28 March 2019
to claim deduction us 80p is it mandatory to file return for ay 201819 with in due date . if we failed to filed with in due date is there any remedy available .kindly guide me .
Rajesh Kumar
(Expert)
29 March 2019
Earlier there was conflict of opinion as to whether the provisions of Section 80AC is mandatory or directory. Tribunal has held in several cases that it is mandatory- recently in Revathi Raju. Thus there appears to be no way to claim such deduction.
I am of the view that ITAT has been harsh on the assessee by holding that the provisions are mandatory. It is one thing to say that returns must be filed, and it is another thing to say that return must be filed before that date. It has been held in numerous cases by High Courts and Supreme Courts that substantial benefits cannot be denied on procedural grounds. If the issue is raised properly in higher forums, the tribunals view may be overruled.
I am of the view that ITAT has been harsh on the assessee by holding that the provisions are mandatory. It is one thing to say that returns must be filed, and it is another thing to say that return must be filed before that date. It has been held in numerous cases by High Courts and Supreme Courts that substantial benefits cannot be denied on procedural grounds. If the issue is raised properly in higher forums, the tribunals view may be overruled.
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