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2015 (5) TMI 638 - AT - Income TaxNon compliance of provisions of section 80AC while claiming the Deduction u/s. 80IB - Held that:- The filing of return before the due date specified under section 139(1) is a mandatory condition for availing the deduction interalia under section 80IB as required under section 80AC of the Act. The requirement of law thus is of filing a physical return, which is not dispensed with, but only relaxed under the condition of an assessee choosing to file an e-return, perhaps with a view to encourage the same. The assessee in such a case can, instead of filing the physical return along with or by the due date specified u/s.139(1), do so within a period of 15 days, and where so done, the same would be deemed to have been filed on the date of filing the e-return. Where not so, the date of filing the return would be the actual date of filing the physical return. Where then is the controversy? A physical return filed within 15 days of an e-filing would, by legal fiction, be deemed to have been filed on the date of the former. The same is only per the scheme itself. Likewise, it being considered as filed on the date of furnishing the physical return is again per the said scheme. That is, the relaxation extends only to the deeming of the date of the filing the return and not to its form and, further, does not extend beyond 15 days. It would thus be only correct to say that the benefit of the scheme extends to the physical filing of the return within an extended period of 15 days. There is, accordingly, no question of any flexibility or extending the scope or ambit of the deeming; it itself contemplating the assessee being not able to file the return within the extended period, the consequences for which are specified. The enlargement in scope, as being sought to be canvassed, is thus uncalled for and inconsistent with the terms of the law, the rules and the scheme, which are observed to be in consistence and harmony. The absence of a digital signature, so that the e-return is not verified, stands already emphasized. The requirement of law, i.e., per section 80AC r/w ss. 139(1) and 139 (1B) are, therefore, not satisfied in the instant case. - Decided against assessee.
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