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2020 (5) TMI 718 - ITAT PUNEDeduction claimed u/s 80IB(10) - return of income has not been filed within the due date u/s 139(1) as required by section 80AC - sufficient and reasonable cause occurred in filing the return late - HELD THAT:- It is sufficiently clear from the assessee’s averments that the learned lower authorities have declined to entertain its Section 80IB(10) deduction claim for the reason that the same had not been raised in its return filed within the “due date” prescribed under Section 139(1) of the Act. And that the learned lower authorities quote Sections 80A(5) r.w.s. 80AC of the Act. Case law in EBR Enterprises vs. Union of India [2019 (6) TMI 484 - BOMBAY HIGH COURT].holds that filing of such return under Section 139(1) for claiming Chapter VIA deduction is very much a mandatory condition. We thus adopt stricter direction in light of Commissioner of Customs vs. Dilip Kumar [2018 (7) TMI 1826 - SUPREME COURT] and affirm learned lower authorities action rejecting the impugned deduction claimed. Our attention to the assessee’s petition dated 23.04.2022 that it had filed an application before the CBDT under Section 119(2)(b) seeking condonation of delay in filing the above statutory return. He clarified that the Board had rejected the same on 11.10.2019. And that the assessee’s Writ Petition challenging the same is pending for final adjudication before the hon'ble jurisdictional high court. He therefore sought adjournment to await its final outcome. We find no merit in assessee’s instant adjournment request as its return is found to have been filed well beyond the “due date” prescribed in Section 139(1) of the Act. The assessee’s foregoing pleas fail accordingly. Assessee appeal dismissed.
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