TMI Blog2014 (8) TMI 1165X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee by the decision of the Special Bench of the Tribunal in the case of Saffire Garments Vs. ITO (2012 (12) TMI 193 - ITAT RAJKOT) wherein it has been held that the restriction provided by way of the proviso to section 10A(1A) is mandatory as the matter governs filing of the return of income within the due date provided under section 139(1). Therefore, we find that the said decision of the Spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 34, Mumbai dated 16.03.2012 for the Assessment Year 2008-09. 2. In this appeal, the Revenue has raised the following grounds:- On the facts and in the circumstances of the case and in law, whether the Ld. CIT(A) was right in allowing the assessee s claim of deduction u/s 80IB(10) when the assessee has not filed return of income within the time limit u/s 139(1) and when section 80AC specific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tax Act. On appeal, the Ld.CIT(A), by holding that the assessee had filed the return within the extended time available u/s 139(4) of the Act, directed the AO to allow the claim of the assessee u/s 80IB(10). Aggrieved by the impugned order, the Revenue is in appeal before us. 4. Before us, the Ld.DR has vehemently argued that the order of the impugned Ld.CIT(A) is in contravention of the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 10A(1A) is mandatory as the matter governs filing of the return of income within the due date provided under section 139(1). Therefore, we find that the said decision of the Special Bench applies not only to section 10A, but also to sections 10B and 80AC. In the facts and circumstances of the case and in the light of the decision rendered by the Special Bench of the Tribunal, Rajkot in the case S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ce, the decisions relied on by the assessee are also not applicable in the present case. In view of that matter, we overturn the order of the Ld.CIT(A) and hold that the assessee is not entitled to claim the deduction u/s 80IB(10) due to filing of the return not within the time limit provided u/s 139(1) in contravention of the provisions of 80AC. 6. In the result, the appeal filed by the Revenu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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