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2017 (7) TMI 956 - HC - Income TaxAllowing the deduction u/s 80IA to the assessee on the basis of return filed after the issue of notice u/s 153A - Held that - Tribunal has justified deduction under Section 80IA on the basis of return filed under Section 153A by observing that for the assessment year 2009-10 and onwards the time for filing revised return has not expired and therefore claim for deduction under Section 80IA if not made earlier could have been made in the revised return. Once it could have been claimed in revised return under Section 139 (1) the same could have also been claimed under Section 153 (A). Sri Manish Misra learned counsel for appellant contended that return under Section 153 (A) is not a revised return but it is a original return. If that be so then in our view deduction under Section 80IA if otherwise admissible always could have been claimed and we are not shown any authority otherwise to take a different view. Therefore in both way deduction under Section 80IA if otherwise admissible could have been claimed by Assesses. Whether Assesses is not Developer but Contractor ? - Held that - Tribunal has confirmed findings of fact recorded by CIT (A) holding that Assesses is a Developer and not a Contractor and the otherwise findings recorded by A.O have been reversed by CIT (A). Since it is a finding of fact concurrently recorded by CIT (A) and Tribunal which has not been shown perverse on contrary to record. No substantial question of law. Assessee appeal allowed.
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