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2022 (3) TMI 376 - AT - Income TaxDeduction u/s 80IC/80IE - delay in filing of return of income both the authorities below declined the deduction as claimed - HELD THAT:- In this case that the Assessee before the filing the return of income on dated 03.09.2013 filed its audit report on dated 31.10.2013 which was before the stipulated period or due date of filing of return on 30.11.2013 and from the judgments referred above it is clear that even return of income filed belatedly u/s 139(4) of the Act also cannot be denied for claiming the deduction u/s 80IC/ 80IE - The Hon’ble Jurisdictional High Court in Fiberfill Engineers case [2016 (4) TMI 562 - ITAT DELHI] categorically held that when the deduction u/s 80IC of the Act has not been questioned by the department on merits there is no justification for not viewing the delay of 46 days in filing the return to be bona fide. In this case there is nothing contrary on record on merit qua deduction of claim. Hence, on the basis of aforesaid analyzations and respectfully following the judgments referred above, we are inclined to allow the claim of the Assessee. Consequently, the addition made by the AO and sustained by the ld. Commissioner is deleted. - Decided in favour of assessee.
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