TMI Blog2015 (12) TMI 612X X X X Extracts X X X X X X X X Extracts X X X X ..... he Act were mandatory and not directory, thus deduction u/s 80-IB(10) of the Act could not be allowed to an assessee who fails to furnish a return of income on or before the due date specified u/s 139(1) of the Act. We therefore reverse the order of CIT(A) and restore the order of the AO. - Decided against assessee. - ITA No.613/Bang/2015 - - - Dated:- 7-8-2015 - SHRI N.V. VASUDEVAN, JUDICIAL MEMBER AND SHRI ABRAHAM P. GEORGE, ACCOUNTANT MEMBER For The Appellant : Smt. Nandini Das, Jt. CIT(DR) For The Respondent : Smt. Pratibha, R., Advocate ORDER Per N.V. Vasudevan, Judicial Member This appeal by the Revenue is against the order dated 2.1.2015 of the CIT(Appeals), Mangalore relating to assessment year 2011-12. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... u/s 143(1). The issue involved is denial of deduction u/s 80IB which was sought to be rectified u/s 154. Admitted facts are that the appellant was to file return u/s 139(1) on 30.09.2011 which was filed on 16.10.2011 and there was almost a fortnight delay in filing of return. However, the return was field within the due date u/s 139(4). The only reason for which the appellant was denied deduction u/s 80IB (11A) was this delay in filing of return u/s 139(1) which is however filed within the time u/s.139(4) for the A.Y.2011-12. This is the only reason for which the deduction was denied and admittedly, the appellant satisfied all other conditions. In the earlier years and subsequent years, the filing was within time and claims were allowed. I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... se of Saffire Garments Vs. ITO (2013) 140 ITD 6 (Rajkot)(SB) had an occasion to examine identical provisions such as Sec.80AC viz., proviso to Sec.10A(1A) of the Act, as to whether the same were directory or mandatory. The provisions of Sec.10A(1A) of the Act are as follows: [(1A) Notwithstanding anything contained in sub-section (1), the deduction, in computing the total income of an undertaking, which begins to manufacture or produce articles or things or computer software during the previous year relevant to any assessment year commencing on or after the 1st day of April, 2003, in any special economic zone, shall be,- (i) hundred per cent of profits and gains derived from the export of such articles or things or computer software ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om the date immediately following the due date for filing return of income and is payable up to the date on which such return of income was furnished by the assessee. Payment of interest u/s.234A of the Act was a consequence for failure to file return of income on or before the due date u/.139(1) and the same is mandatory. The Special Bench held that the provisions of the proviso to Section 10A(1A) is nothing but a consequence of failure of the assessee to file the return of income within the due date prescribed u/s 139(1) of the Income tax Act, 1961. For such a failure of the assessee to file his return of income within the due date prescribed u/s 139(1) of the Income tax Act, 1961, this is also only of the mandatory consequence. The Speci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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