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2014 (4) TMI 213 - HC - Income TaxBelated return filed u/s 80AC r.w. section 139 of the Act - Rejection of Claim u/s 80IB of the Act Held that:- The court is of the view that assessee rightly contended that the CBDT had issued notification dated 31.10.2007, Annexure A.5, whereby in exercise of powers u/s 119 of the Act, the Board had extended the date for filing of the returns and reports of audit upto 15.11.2007 instead of 31.10.2007 also, in terms of sub sections 6 and 7 of Section 260A of the Act, the matters go to the root of the case, it should be require to be taken up by the Court the matter requires to be adjudicated afresh as the notification goes to the root of the matter and in view of sub sections 6 and 7 of Section 260A of the Act, it can be entertained by the Court thus, the order is set aside and the matter is remitted back to the Tribunal for fresh adjudication Decided in favour of Assessee.
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