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2011 (11) TMI 76 - AT - Income TaxClaim of deduction u/s 80IC - requirement of filing of return u/s 139(1) - held that:- The system of e-filing the return of income was introduced from assessment year 2006-07 for corporates tax payers and from assessment year 2007-08 for both the companies and the firms to whom provisions of section 44AB are applicable. - where in the original return of income the claim made by the assessee was not reflected in the e-return form filed by the assessee because of systems error, though tax payable is reflected at nil, which would be so when the total income after deductions is nil. Where, on the filing of the revised return the said error was corrected, the assessee cannot be said to have not fulfilled the provisions of section 80IC of the Act in furnishing the return of income prescribed u/s 139(1) of the Act, keeping in mind that this was first year of e-filing of return of income by the assessee. - Decided in favor of assessee - matter remanded to AO to verify the claim of deduction u/s 80IC of the Act in line with the similar claim being made by the assessee in the earlier year.
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