TMI Blog2022 (11) TMI 875X X X X Extracts X X X X X X X X Extracts X X X X ..... d return, the claim of deduction under section 80IC of the Act cannot be entertained/allowed as the assessee is directly hit by provisions of section 80AC - We, thus, fail to find any infirmity in the finding of the CIT ( A ) denying assessee s claim of deduction u/s. 80IC - However, if deemed fit, the assessee can still approach the Board for consideration of its case and if the Board finds merit in the reason for genuine hardship of the assessee for filing the return belatedly the case of the assessee may be considered sympathetically. If such permission is granted by the Board, then the AO can allow claim of deduction of the assessee u/s.80IC of the Act in accordance with law - Appeal of assessee is dismissed . - ITA No. 258/GAU/2019 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Commissioner of Income Tax (Appeals), Guwahati-2, Guwahati [ CIT(A) for short hereafter] has erred in law and in fact, in dismissing the appeal and in confirming the additions/ disallowances challenged before him, by passing the order under section 250 post haste prior to the disposal of the petition for condonation of delay in filing the return pending before the Honourable Central Board of Direct Taxes [ CBDT for short hereafter]. The impugned order is liable to be set aside and the learned CIT(A) may be directed to dispose of the appeal on merit after the Hon'ble CBDT disposes of the aforesaid petition pending before it. 3. For that, on the facts and in the circumstances, the learned CIT(A) has erred in law and in fact in su ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... laimed deduction u/s. 80IE of Rs. 2,45,81,837/-. Case of the assessee selected for scrutiny under CASS followed by service of notices u/s. 143(2) and 142(1) of the Act. In the course of assessment proceedings the ld.AO apart from other addition/disallowance also disallowed claim of deduction u/s. 80IC of the Act at Rs.2,45,81,837/- on the ground that the assessee failed to file the said return within the due date prescribed u/s. 139(1) of the Act and, therefore, hit by the provisions of section 80AC of the Act. 4. Aggrieved, the assessee preferred appeal before the ld. CIT(A), but failed to succeed. 5. Aggrieved, now the assessee is in appeal before this Tribunal. 6. The sole grievance of the assessee in ground nos. 1 to 5 only rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AB or section 80-IB or section 80-IC or section 80- ID or section 80-IE;, no such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section (1) of section 139. 11. On perusal of the above section 80AC of the Act, we find that is mandatory/statutory to furnish the return before the due date u/s. 139(1) of the Act. In assessee s case due date for filing of return as contemplated u/s. 139(1) of the Act is 30th September of the assessment year. The year under appeal is AY 2015-16, therefore, due date for filing of return u/s. 139(1) of the Act for the assessee is 30th Sept., 2015. But the assessee has filed its e-return on 26-02-2016. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... other relief under this Act after the expiry of the period specified by or under this Act for making such application or claim and deal with the same on merits in accordance with law; (c) the Board may, if it considers it desirable or expedient so to do for avoiding genuine hardship in any case or class of cases, by general or special order for reasons to be specified therein, relax any requirement contained in any of the provisions of Chapter IV or Chapter VI-A, where the assessee has failed to comply with any requirement specified in such provision for claiming deduction thereunder, subject to the following conditions, namely:- (i) the default in complying with such requirement was due to circumstances beyond the control of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the case are of the considered view are that since the assessee has filed belated return, the claim of deduction under section 80IC of the Act cannot be entertained/allowed as the assessee is directly hit by provisions of section 80AC of the Act. We, thus, fail to find any infirmity in the finding of the ld. CIT ( A ) denying assessee s claim of deduction u/s. 80IC of the Act. However, if deemed fit, the assessee can still approach the Board for consideration of its case and if the Board finds merit in the reason for genuine hardship of the assessee for filing the return belatedly , the case of the assessee may be considered sympathetically. If such permission is granted by the Board, then the ld. AO can allow claim of deduction of the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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