TMI Blog2020 (6) TMI 197X X X X Extracts X X X X X X X X Extracts X X X X ..... n the period of six years from the end of assessment year, making the claim for deduction under Section 80HHC - HELD THAT:- We are of the view that the assessee should have a right to contest his claim and cannot be non-suited merely on the ground of delay. Hence, we are inclined to allow the application for condonation of delay. Further, it is just and appropriate that the Assessing Officer decid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e on considering the contentions was of the view that the petitioner - assessee cannot seek condonation of delay in filing the revised return as a matter of right even though such a claim is not clearly admissible under law on merits. That the discretion of the authority in rejecting the application seeking condonation of delay cannot be said to be wrong in any manner whatsoever. Aggrieved by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in India in convertible foreign exchange that involved customs clear would amount to an export out of India and deduction under Section 88HHC of the Act was allowable. Considering the aforesaid Judgment the revised return of income was filed on 28-3-2003. That the same is within the period of six years from the end of assessment year, making the claim for deduction under Section 80HHC of the Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decides the matter in the MICRO LABS LIMITED S CASE which has been referred to the larger Bench of the Supreme Court. in the case of MICRO LABS LIMITED and other cases. Therefore, pending adjudication of those disputes the Assessing Officer may stay his hands. 4. On hearing learned counsels, we are of the view that appropriate interference is called for. Rejecting the plea of condonation of de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to pass such orders as he deems fit. 5. Under these circumstances, the appeal is allowed. 1) The order dated 24.10.2017, passed by the learned Single Judge in Writ Petition No.28376 of 2017 is set aside. 2) The writ petition is partly allowed. 3) The delay in filing the revised return is condoned. The Assessing Officer shall process the revised return in accordance with law. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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