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2022 (11) TMI 773 - AT - Income TaxDeduction u/s 80IA - denial of deduction as assessee has not filed the return of income, on time, as per the time limit prescribed u/s 139(1) - As argued assessee was prevented by reasonable and sufficient cause for not filing the return of income before due date and there is minor delay of only 26 days - HELD THAT:- We have gone through the order of ld CIT(A) and explanation provided by the ld Counsel and noted that there is minor delay of 26 days, in filing of return of income. The ld CIT(A) relied on the judgment of M/s Unitech Ltd [2015 (10) TMI 950 - DELHI HIGH COURT] and M/s Anand Shelter developers and builders Pvt. Ltd [2017 (10) TMI 1285 - ITAT PUNE] and held that where divergent views are available and there is no direct decision of the Hon'ble Jurisdictional High Court, the view in favour of assessee has to be followed. Thus, we do not find any infirmity in the order of ld CIT(A). The conclusions arrived at by the CIT(A) are, therefore, correct and admit no interference by us. We, approve and confirm the order of the CIT(A) and dismiss the appeal of the Revenue.
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