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2023 (4) TMI 934 - AT - Income TaxDeduction u/s 80-IA(4) denied - return of income was filed beyond due date prescribed u/s 139(1) - return of income so filed was late by one minute - HELD THAT:- We note that in the assessee’s case, there is a delay in filling the return of income by one minute only. The Co-ordinate Bench of ITAT, Surat [2022 (5) TMI 1536 - ITAT SURAT] on the similar and identical facts, has condoned the delay in filling the appeal for eleven minutes, vide order of Co-ordinate Bench in the case of M/s. Veekay Rayon. We note that delay of one minute in filing of the return was due to technical snags in the website of department, and therefore return could not be uploaded. There is only a negligible delay (one minute only) which is due to bonafide reasons as has explained above, therefore, delay in Filling return of income is hereby condoned. We direct the AO to examine the eligibility of the claim of the assessee and terms and conditions under section 80IA of the Act - Decided in favour of assessee.
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