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2022 (9) TMI 964 - AT - Income TaxDeduction claimed u/s. 80IA - Claim denied as Assessee has claimed the benefit first time in the proceedings u/s. 147 - HELD THAT:- It is admitted fact that the Assessee by e-filing Form 3CA along with its return of income filed on dated 25.09.2015 itself, claimed the deduction under consideration and it is also not the case of the Revenue that the Assessee is not entitled and/or not fulfilled the conditions set out for claiming the said deduction. Therefore, it cannot be said that the Assessee has claimed the benefit first time in the proceedings u/s. 147 and hence not allowed as per judgment of Sun Engineering Works (P) Ltd. [1992 (9) TMI 1 - SUPREME COURT] - Had the claim not been filed by the Assessee in its return of income, then certainly, the Assessee would not be entitled to claim the said deduction under the proceedings u/s. 147 of the Act, but it is not the case here. Hence, the contention of the ld. DR to the effect that the Assessee as per judgment of the Hon’ble Apex Court in the case of Sun Engineering Works (supra) is not entitled to claim the deduction under challenge, is not tenable. Even otherwise, we observe that the legislature in its wisdom made the beneficial provisions for the deduction(s) under chapter VI-A of the Act, being social welfare legislation and claim of deduction u/s. 80IA is a substantive right and therefore, the purpose thereof cannot be defeated and frustrated. Even otherwise we do not find any reason and/or material to contradict the findings of the ld. Commissioner in coming to the conclusion for allowing the benefit of deduction claimed u/s. 80IA of the Act. Hence, in cumulative effect,we are inclined to uphold the impugned order. Consequently, the appeal of the Revenue Department is liable to be dismissed.
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