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2019 (1) TMI 284 - AT - Income TaxDeduction u/s 80IA - return was filed in response to notice u/s 153A - entertainment of fresh claim - Held that:- In the instant case, when the return was filed in response to notice u/s 153A, the assessee did not claim the deduction since the taxable income as per the computation of income was zero. If the scrutiny assessment results in to positive income it is obligation on the part of the AO to allow all the statutory deductions including the deduction u/s 80IA for arriving the taxable income. As during the pendency of proceedings, when it has come to the notice of the assessee that there was taxable income, the assessee itself had claimed the deduction and was entitled for deduction u/s 80IA. The assessee made the claim before the AO and even after allowing the deduction claimed by the assessee, the resultant income would not go to reduce the returned income originally. There is no dispute that the assessee is entitled for deduction u/s 80IA. Therefore, we are of the considered opinion that it is injustice to deny the claim by appellate authorities who are permitted to entertain the fresh claim, when assessee makes the bonafide claim. The assessee’s case is squarely covered by the decision in the case of CIT Vs. G.M.Knitting Industries Pvt. Ltd. [2015 (11) TMI 397 - SUPREME COURT] as well as the decision of Hon’ble Delhi High Court in the case of Vedanta Ltd. [2018 (5) TMI 355 - DELHI HIGH COURT] and we hold that the assessee is entitled for the deduction u/s 80IA. Accordingly, we direct the AO to allow the deduction u/s 80IA of the Act. For the quantum of deduction, compliance of statutory requirements for claiming the deduction u/s 80IA was not discussed in the assessment order. Therefore, we remit the matter back to the file of the AO for limited issue of deciding the quantum of deduction and for obtaining the required details such as audit report etc. before allowing the deduction. Accordingly we direct the AO to verify the documents placed by the assessee during the assessment proceedings and allow the eligible deduction u/s 80IA. - Decided in favour of assessee for statistical purpose.
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