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2011 (2) TMI 303 - DELHI HIGH COURTDisallowance u/s 43B - Where time for filing return is extended in terms of proviso to Section 139 (1) it automatically means extension of the due date for the purpose of Section 43B of the Income Tax Act - The return was, filed belatedly for which the assessee suffered necessary penalties - Held that: once neither penalty can be imposed nor any other such negative consequences follow to the assessee by reason of filing his returns late, so long as there is an extended period of time granted or deemed to be granted by the AO, all acts done within the extended period must, thus, be deemed to have been done within the prescribed period of time as originally stipulated - This is so as the mischief which was sought to be cured by introduction of Section 43B will not arise in the present case as the deduction is permissible only if the amount is actually paid and that too within the extended period of time which was of three months - The payment in the present case would actually have flowed before the date of filing of the return, the only consequence being that such date is extended by three months as a consequence of the order passed by the assessing authority on the application of the assessee filed within time - Decided in the favour of assessee
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