Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2016 (3) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2016 (3) TMI 175 - AT - Income TaxEntitlement to claim of deduction u/s 80-HHC - assessment order u/s 143(3) r.w.s. 147 disallowed the claim of the assessee on the ground that the assessee failed to bring export sales realization in convertible foreign exchange within stipulated period - Held that:- In the original assessment when this claim was denied by the AO, after noticing that there was a delay in bring sale proceeds and despite that the assessee made a claim u/s 80-HHC. In the remand proceedings, the claim of the assessee was to be considered and decided in the light of the judgment of Azad Tobacco Factory (P) Ltd (1995 (4) TMI 6 - ALLAHABAD High Court ) wherein it has been held that once the assessee has made a claim u/s 80-HHC and there is a delay in bringing sale proceeds within stipulated period, then the assessing authority has neither vested power for allowing the further period nor can he deal with the same. It was held by the Hon’ble High Court that the Chief Commissioner or Commissioner, as the case may be, is the competent authority to extend the period on satisfaction that the assessee was unable to do so for the reasons beyond his control. Therefore, once the assessee made a claim, the AO was required to place the same before the CCIT or CIT, as case may be, and the assessee was required to explain the reason for delay. In the case in hand, AO has not followed the procedure as required to place the matter before the CCIT or CIT, as the case may be, but himself has decided to refuse the extension of time claimed by the assessee which is beyond the jurisdiction of the AO. Accordingly, in the facts and circumstances of the case, we do not find any error or illegality in the order of the CIT(A). - DEcided against revenue
|