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2017 (6) TMI 1038 - AT - Income TaxDisallowance of deduction claimed u/s 80IB(11C) - non filing of return of income on or before the due date u/s 139(1) - Held that:- The assessee has filed return on 1.3.2012. The assessee stated that the delay in filing the return of income is attributable to reconciliation of turnover quantified during the course of survey, which is having nexus with impounded material found during the course of survey, because of this, there was a delay in filing return of income within the due date specified u/s 139(1) of the Act, which is beyond its control. We find that the reasons given by the assessee for not filing return of income within the due date is neither intentional nor avoiding filing return, which is evident from the fact that the assessee has filed return within the due date specified u/s 139(4) of the Act. Deduction u/s 80IB(11C) is a beneficial provision, which entitles tax payers deduction towards profit derived from the hospital set up in a specified area to boost the economic activity of the locality. Therefore, deduction cannot be denied merely on the ground that the assessee has not filed the return within the due date u/s 139(1)inspite the assessee has explained the reasons for not filing the return. Considering the facts and circumstances of this case and also respectfully following the decision in case of CIT Vs. M/s. S. Venkatesh [2013 (6) TMI 715 - ANDHRA PRADESH HIGH COURT] we are of the view that the assessee cannot be denied deduction u/s 80IB(11C) on technical issues when the assessee is otherwise entitled for deduction. - Decided in favour of assessee.
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