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2019 (7) TMI 438 - HC - Income TaxDeduction u/s 80IA - claim not made in the return of income, after insertion of provisions vide Sec. 80A(5) in the Finance Act 2009 - CIT-A held that the appellate authorities can allow additional grounds, if to be raised by the assessee in the appeal if it is found that those grounds were not raised on account of any wilful omission and the assessee has a reasonable explanation - HELD THAT:- On a reading of the assessment order dated 17.03.2015, it is evidently clear that books of accounts and all the details were furnished to the AOr which was perused by the AO and the case was discussed with the authorized representative of the assessee. In such situation, the assessee's case was foreclosed solely on the ground that he had not filed revised return of income. With regard to the loss incurred on cancellation of forward contract, on facts, the CIT(A) found that it is an act of omission on account of erroneous belief of complex legal position. With regard to the claim of deduction under Section 80IA, in respect of the income free windmills, the CIT(A) noted that legal disputes were pending before the Hon'ble Supreme Court and various Courts at the time of filing of returns and there was uncertainty in the legal position which could be taken as a reasonable cause for the assessee not claiming the deduction in the return of income. Further, it noted that all the facts are already recorded in the books and are available for verification. This very issue was considered and it was held that the appellate authorities can allow additional grounds to be canvassed, if it is found to be bonafide and the omission to seek for such relief was a bonafide omission. In the instant case, the records clearly show that all the details were available with the AO and no fresh details were required to be filed or taken into consideration. In such circumstances, we agree with the view taken by the Tribunal in confirming the order passed by the CIT(A). - Decided against the Revenue
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