TMI Blog2022 (10) TMI 80X X X X Extracts X X X X X X X X Extracts X X X X ..... ed the claim of deduction. In the case of Shanthi Gears Ltd [ 2022 (3) TMI 960 - ITAT CHENNAI] we allow the claim of assessee and direct the AO accordingly. Appeal filed by the assessee is allowed. - ITA No.: 78/CHNY/2021 - - - Dated:- 30-9-2022 - Shri Mahavir Singh, Vice President And Shri Manoj Kumar Aggarwal, Accountant Member For the Appellant : Shri G. Suresh, Advocate For the Respondent : Shri Guru Bashyam, CIT ORDER PER MAHAVIR SINGH, VICE PRESIDENT: This appeal by the assessee is arising out of the order of Commissioner of Income Tax (Appeals)-1, Coimbatore, in Appeal No.CIT(A), Coimbatore-3/10077/2019-20 dated 07.02.2020. The return of income was processed and intimation u/s.143(1) of the Income Tax A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... are that the assessee filed original return of income vide acknowledgement No.280954121311017 dated 31.10.2017 u/s.139(1) of the Act. But, this return was not accompanied by audit report in Form No.10CCB but made claim of deduction u/s.80IA of the Act. The CPC, Bengaluru issued intimation u/s.143(1) of the Act, whereby the claim of deduction u/s.80IA of the Act was denied amounting to Rs.20,70,31,480/- vide intimation dated 14.05.2018. Subsequently, the assessee filed revised return of income vide acknowledgment No.627323361280518 dated 28.05.2018 and claimed deduction u/s.80IA of the Act, as claimed originally and also filed audit report in Form no.10CCB. This return of income was also processed by CPC, Income Tax Department, Bengaluru and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... section (1) of section 139. The learned Counsel for the Assessee stated that the precondition of Section 80C of the Act is furnished on the return of income of the Assessee on or before the due date specified under sub-section 1 of Section 139 of the Act. The learned Counsel for the Assessee relied upon the various decisions which are as under: [1] ACIT, Company Circle-I(2), Coimbatore Vs. M/s. Precot Meridian Limited, Coimbatore in ITA No.1214/Mds/2012 dated 29 th April, 2013. [2] DCIT-5(2)(1), Mumbai Vs. M/s. JSW Infrastructure Limited, Mumbai in ITA No.3708 3709/Mum/2018 dated 08.11.2019. [3] DCIT 15(3) Vs. Kamdhenu Builders and Developers, Navi Mumbai in ITA No.7010/Mum/2010 dated 27.01.2016. [4] ACIT vs. Monarch Innovative Techn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arned CIT(A) recorded categorical finding, in the light of the decision of ITAT Chennai Bench, in the case of ACIT Vs. Precot Meridian Limited (supra), where it was held that, once original return is filed u/s.139(1) within due date specified under the Act, then any deduction claimed in the revised return filed within due date specified u/s.139(5) shall be allowed. We further, noted that the learned CIT(A) had also taken a support from the decision of ITAT, Mumbai Bench, in the case of Kamadhenu Builders Developers Vs. Additional CIT, where it was observed that section 80A(5) only requires filing of return, but nowhere it suggest that claim should be made in the original return and not by way of original return, further when the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the I.T.Act, 1961. We do not see any reasons to interfere in the order of the learned CIT(A) and hence, we are inclined to uphold the findings of the learned CIT(A) and reject the ground taken by the Revenue. 8. We have heard the rival contentions and gone through the facts and circumstances of the case. We have noted that the provisions of Section 80IA(5) only requires filing of return of income but nowhere it states that the claim should be made in the original return and not by way of original return. Further, when the original return was filed within the due date, then the revised return filed, thereafter, before the completion of assessment proceedings, is to be considered by the Assessing Officer, because the Act has given an o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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