2022 (11) TMI 970 - AT - Income Tax
Deduction u/s. 80IE - Claim denied as the return of income filed by the assessee was belated - Lower authorities have denied the claim of assessee applying the provisions of section 80AC - HELD THAT:- On going through the provisions of clause (b) and ( c) of sub-section (2) of section 119 window is open for the assessee to approach the Board under the above stated provisions of said section and if such delay is condoned even if the return is filed belated, the assessee would be entitled to claim the deduction u/s. 80IE of the Act.
Before us no such order of the CBDT has been placed, which could show that such delay in filing the return has been condoned. Assessee should have moved an application to the Central Board of Direct Taxes ( short, the ‘Board’), which may if considering desirable or expedient so to do for avoiding genuine hardship in any case or clause of cases either may authorize any Income-tax authority not being the Commissioner (Appeals), to admit such application and deal with the same in accordance with law or itself pass a general or special order and if the assessee’s application is accepted in the manner provided above, then the deduction under Chapter IV/VIA may be allowed.
In the instant case the assessee has failed to bring forth any such communication or any order condoning such delay in filing return of income before the due date specified u/s. 139(1).
Since the assessee has filed belated return, the claim of deduction under section 80IC of the Act cannot be entertained/allowed as the assessee is directly hit by provisions of section 80AC of the Act. We, thus, fail to find any infirmity in the finding of the ld. CIT(A) denying assessee’s claim of deduction u/s. 80IC of the Act. - Decided against assessee.