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2017 (11) TMI 57 - AT - Income TaxEligibility for exemption u/s 10B denied - delay in filing of return - Held that:- We find that in the instant case the return of income was filed on 1.10.2009 as against the due date 30.9.2009. The CBDT vide order dated 19.11.2014 u/s 119(2)(a)/119(2)(b) of the Act in F.No. 197/1/2013-ITA by DCIT-OSD (ITA. 1) has condoned the delay in filing of return, thus, once CBDT has held that return has been filed within the due date u/s 139(1) of the Act, the dispute as to allowability of claim u/s 10B on the ground of delay in filing of return has ceased to exist. Ex-consequenti, the grounds raised by the revenue are not maintainable and are, therefore, rejected. Disallowance u/s 40(a))(ia) - expenditure incurred and claimed under the head legal expenses - no sum was payable at the end of year - Held that:- The issue is to be decided against the assessee in view of the judgment of the Hon'ble Apex Court in the case of Palam Gas Service v. CIT [2017 (5) TMI 242 - SUPREME COURT ] Edifice of invoking of section 80IA(10) - Held that:- Section 80IA(10) of the Act cannot be brought into play to allocate expenses debited in the books of non eligible unit to eligible unit and restrict the claim of deduction u/s 10B of the Act. Accordingly, the grounds raised by the assessee are thus allowed.
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