Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2009 (7) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2009 (7) TMI 878 - AT - Income TaxDeduction under 80IB- Original return on time-Revised return invalid-Held that:-original return should be filed in time, but the claim need not necessarily be made in the original return, it can be made subsequent thereto - Goetze India Ltd.(2006 -TMI - 5171 - SUPREME Court) was limited to the power of the assessing authority to entertain claim for deduction otherwise than by a revised return, and did not impinge on the power of the Tribunal. The claim of deduction under section 80-IB can be made by the assessee before the appellate authorities. Since grounds relating to the deduction under section 80-IB were made before the appellate authorities, irrespective of whether it was claimed by the assessee before the Assessing Officer or not, or whether it was claimed through original return or revised return, the allowability of claim has to be adjudicated on the merits. - Since the learned Commissioner of Income-tax (Appeals) has not decided the issue on the merits, we restore the issue claim of deduction under section 80-IB before him to decide the same on the merits.
|