Regarding 80c deduction
Querist : Anonymous
One of my assessee, did not claim deduction U/s 80C, while filing IT Returns, because he got loss.
But, now during the Assessment proceedings,the AO raised a demand of 20000/-, now in reply to his notice, can i claim deduction of Rs.100000, which i actually have?
Also,please support me with a case law.
Querist : Anonymous
Return filed on 31/10/12.
Since the assessee has not claimed the deduction while filing the original return (filed on 31/10/2012 for AY 2012-13), it can be claimed only by filing a revised return under Section 139(5).
However, for AY 2012-13, the time limit for filing a revised return is generally within one year from the end of the relevant assessment year, i.e., by 31 March 2014.
If you are still within the allowed time, you can file a revised return claiming the 80C deduction of Rs. 1,00,000.
If the time limit has passed, you cannot claim 80C deduction for the original year during assessment proceedings by just replying to the notice.
You can raise this issue by filing a rectification application under Section 154 or making an appeal, but acceptance depends on the AO and facts of the case.
Supporting case law:
CIT v. Gujarat State Fertilizers & Chemicals Ltd. (2008) 308 ITR 66 (SC) – Deduction claimed for the first time in revised return is allowed.
Keshavlal Lallubhai Patel v. CIT (1965) 56 ITR 37 (SC) – Deduction once not claimed in return cannot be allowed at assessment stage without filing a revised return.
Suggestion:
Check if filing a revised return is possible for AY 2012-13.
If yes, file the revised return with the 80C deduction.
If not, your reply to AO can mention the limitation and request consideration accordingly.
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