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2012 (6) TMI 40 - AT - Income TaxDeduction u/s 80IC - denial u/s 80AC on ground of delay in filing return - assessee contended that delay was for the reason beyond the control of the assessee - Held that:- In this case admittedly, assessee filed belated return of income on 23.12.2008. Assessee submitted that its computer got corrupted due to viruses and in spite of continuous efforts by the computer technical personnel to retrieve the data in time for filing the return of income, problem persisted in the system. The entire data for the two months period, February and March, 2008, had to be re-entered into the computer system again. On preparation of the final accounts and finalising of statutory audit it took a little extra time that resulted in belated filing of return of income. Thus there was a delay of 74 days in filing the return of income which is beyond the control of assessee. This was also confirmed by the statutory auditor vide his letter dated 20.3.2011. Being so, in our opinion there is a reasonable cause for filing the return of income belatedly and this is beyond the control of the assessee. When the substantial question of justice involved technicalities should be ignored. Claim of the assessee cannot be denied on technicalities when the assessee is legally otherwise entitled for deduction - Decided in favor of assessee.
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