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2022 (12) TMI 440 - AT - Income TaxRevision u/s 263 - Deduction u/s 10A - HELD THAT:- CIT by exercising the power conferred under section 263 of the Act, directed the AO to disallow the claim of deduction u/s 10A - Now the CBDT by order u/s 119(2)(b) for the assessment year 2010- 11 condoned the delay and also clarified that the condonation of delay in filing the return of income will not amount to acceptance of claims made in the concerned ROI of the assessee and the AO shall deal with it on merits. We are of the considered opinion that the AO has to examine the claim of the assessee under section 10A of the Act in accordance with law - we set aside the order passed by the ld. CIT(A) and remit the matter back to the file of the AO to decide the claim of the assessee under section 10A of the Act. Accordingly, the appeal in is allowed for statistical purposes. Deduction u/s 10A - There was delay in filing the return of income - HELD THAT:- As gone through the decision in the case of Saffire Garments [2012 (12) TMI 193 - ITAT RAJKOT] wherein, the Special Bench has held that to claim a benefit under section 10A of the Act, the return of income has to be filed under section 139 of the Act and it is a mandatory and not directory. Respectfully following the decision of the Rajkot Special Bench, we reject the arguments of the ld. Counsel for the assessee and the appeals filed by the assessee for the assessment years 2011- 12 and 2012-13 are dismissed. So far as appeal for the assessment year 2009-10 is concerned, the assessee has not filed petition for condonation of delay before the CBDT. In view of our decision hereinabove, the return of income has to be filed as per section 139 of the Act and it is mandatory. Therefore, the claim of the assessee cannot be entertained. Accordingly, the appeal filed for the assessment year 2009-10 is dismissed.
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