9911796707
TMI Blog2024 (6) TMI 1389X X X X Extracts X X X X X X X X Extracts X X X X ..... nces of the case the Id. CIT (Appeal) has erred in confirming order u/s 154 passed by AO disallowing claim of Rs. 3,45,03,153/- u/s. 80IA of I.T. Act. The order u/s 154 is bad in law and illegal. (2) The learned authorities below ought to have seen that the assessee was prevented by reasonable and sufficient cause in filling the return within time u/s. 139(1) of I.T. Act. The assessee has made substantive compliance to the provisions of sec. 80IA of the Act. The delay in filling the return is not willful and the assessee has not been benefited by filling the return late. (3) That any other grounds may be raised during the course of hearing of this appeal." 3. Facts in brief:- The assessee is a company engaged in the business of develop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee on 28.11.2006 and 07.09.2007. During the course of search various books of accounts, documents, computer, server and hard disc were seized by the authorized officer of the department Inspection of documents was allowed late which resulted in belated filing of return. It is humbly submitted that the delay of 68 days in furnishing the return is not wilful. The assessee was prevented by reasonable and sufficient cause in filing the return in time. The assessee has benefited by filing the return late." not been benefited by filing the return late." 4. The Assessing Officer, after considering the explanation of the assessee, he has rectified the mistake committed by him by allowing the claim of the assessee under section 80IA of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 80IA of the Act. The Assessing Officer, without verifying whether the return of income is filed in time or not, allowed the claim. When the assessee is making a claim, he has to file return of income in time otherwise as per the provisions of section 80AC of the Act, no deduction under section 80ITA of the Act would be allowed. Prima-facie, the Assessing Officer committed a patent mistake allowing the claim of the assessee. The mistake committed by the Assessing Officer is a mistake apparent on record. In our opinion, the mistake committed by the Assessing Officer which is apparent on record can be rectified by the Assessing Officer under section 154 of the Act. In this case, the Assessing Officer has rightly invoked provisions o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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