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2017 (8) TMI 331 - AT - Income TaxEligibility for deduction u/s. 80IB - genuineness of revised return - as belated return filled therefore no claim u/s.80IB can be allowed - Held that:- AO himself admits that the return filed on 30th September, 2009 is a revised return. Secondly, nowhere authority below has raised a question that the return filed on 30.9.2009 is invalid return and the reliance has been placed on the case of R. Kasi Vishwanathan and brothers vs. ACIT, [2013 (10) TMI 1456 - ITAT COCHIN] where it has been held that the assessee filed a revised return in accordance with the provision of Section 139(5) of the Act. The Revenue authorities were not justified in rejecting the said return without following the procedure prescribed u/s.139(9) by merely taking a view that a revised return was afterthought and was filed only to reduce assessee’s tax liability. In the present case also no averment with regard to invalid return has been raised by any of the authorities below and in short the provision of Section 139(9) have not been invoked and in such circumstances the pleadings taken by learned DR relying upon the orders of both the authorities below cannot be upheld and the orders of both the authorities are reversed accordingly. - Decided in favour of assessee.
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