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2022 (5) TMI 889 - AT - Income TaxDisallowing deduction claim u/s 80IA - non filling appeal in ROI - As per DR assessee had very well filed its books of account as well as computation but could not claim the impugned deduction in its return - HELD THAT:- This crucial fact itself forms the most clinching reason for us to affirm to impugned disallowance. We note with the able assistance of from revenue side that legislature has not only prescribed filing of a return within the “due date” prescribed u/s. 139(1) as a pre condition for claiming section 80IA by way of inserting a special provision i.e. 80AC vide Finance Act 2007 w.e.f. 2008 but also Section 80A(5) further stipulates that chapter VI deduction is not to be allowed if the assessee fails to make a claim to this effect in its return of income. We therefore reject the assessee’s arguments quoting Goetze India Ltd.[2006 (3) TMI 75 - SUPREME COURT] and CIT V/s. Pruthvi Brokers & Shareholders Pvt. Ltd [2012 (7) TMI 158 - BOMBAY HIGH COURT] - We rather note that hon’ble jurisdictional high court’s decision in EBR Enterprises Vs. Union of India [2019 (6) TMI 484 - BOMBAY HIGH COURT] holds that such a failure on the assessee’s part is indeed very fatal to its deduction claim. We adopt stricter interpretation in light of Commissioner of customs V/s Dilip Kumar (2018) 9 SCC 1(SC)[2018 (7) TMI 1826 - SUPREME COURT] to affirm CIT(A)’s finding under challenge. Decided against assessee.
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