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2018 (12) TMI 899 - AT - Income TaxClaim of deduction u/s 80IC - claim for initial year - mandation for claim for deduction to be made in the return of income filed u/s 139(1) in terms of section 80AC - claim is now being made in the revised return - Held that:- The purpose of revised return u/s 139(5) is to ensure that any admission of omission or any wrong statement has to be voluntarily within the specified time limit. Further it is not a case of the AO that the requisite condition of filing of audit report in form 10CCB has not been filed during the course of the assessment proceedings. Whence, in the initial assessment years, i.e., A.Y.s 2009-10, 2010-11 and 2011-12 the claim of deduction u/s 80IC has been found to be otherwise allowable to the assessee and this being the 4th year of the claim based on same set of facts, then it cannot be held that the claim made by the revised return is not voluntarily and omission to make such claim in the original return of income was not bonafide. Even otherwise also, if one goes by the principle laid down in the case of Goetz India Ltd.[2006 (3) TMI 75 - SUPREME COURT] if the claim has not been made before the AO by way of revised return then same can be made before the appellate authorities. Thus claim of deduction u/s 80IC to the assessee cannot be denied simply because such a claim was not made in the return field u/s 139 (1) albeit was made in the revised return u/s 139(5) filed within the stipulated time provided in the said section - decided in favour of assessee.
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