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2023 (2) TMI 855 - ITAT PUNEAllowability of sec.80IA deduction - want of a valid return filed so as to comply with the rigor of sec.80A(5) r.w.s.80AC - mere filing a letter or a belated revised return - Whether the assessee could claim sec.80IA deduction without even filing a return but by way of mere letter in assessment year 2014- 15 and by filing a belated revised return in assessment year 2015-16 - HELD THAT:- We first of all quote hon’ble jurisdictional high court’s decision in EBR Enterprises vs. Union of India [2019 (6) TMI 484 - BOMBAY HIGH COURT] that “filing of the return for claiming the impugned deduction is a mandatory condition u/s.80A(5) of the Act.” The assessee’s arguments in assessment year 2014-15 stands rejected on the very analogy by adopting stricter interpretation as accepting such an argument would indeed lead to frustration of the said specific statutory embargo. The legal position would hardly be any different for the latter assessment year 2015-16 as well wherein the assessee’s revised return could not have been accepted u/s.139(5) of the Act in light of hon’ble apex court’s landmark decision in PCIT vs. Wipro Ltd. [2022 (7) TMI 560 - SUPREME COURT] settling the issue in department’s favour. A revised return could be filed only if there is an omission or a wrong statement but a claim which was not earlier raised could not be raised at a latter stage. Learned counsel at this stage quoted sec.139(4) of the Act as applicable in the relevant assessment year which does not cover any of the specified twin eventualities i.e. the assessee having not furnished any return earlier who is allowed to do so within the time prescribed in sec.142(1) notice. We make it clear that the AO had issued his sec.142(1) notices on 6th and 17th October, 2017 whereas the assessee had submitted its alleged revised return very well before that on 04.02.2017. Faced with the situation, we exercise our statutory jurisdiction vested u/s.254(1) of the Act in wider terms to reject the assessee’s letter claiming sec.80IA deduction dated 07.11.2016 for assessment year 2014-15 and “revised” return dated 04.02.2017 in assessment year 2015-16 as non-est in the eye of law in above terms by adopting stricter construction in light of CIT vs. Dilip Kumar [2018 (7) TMI 1826 - SUPREME COURT] as reiterated in PCIT vs. Wipro Ltd. (supra). Decided against assessee.
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