2022 (12) TMI 1555

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..... i, Advocates. For the Respondent : Mr. Suresh Kumar, Advocate. ORDER P.C.:- 1. By this petition the petitioner is aggrieved that the utility for filing the return of income electronically in ITR-6 is refusing to allow petitioner to upload the return of income for making certain claims which petitioner proposes to make as per the provisions of the Income Tax Act ("the Act"). 2. Mr. Pardiwalla, .....

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..... raws the attention of the court to paragraph 12 of the decision which is quoted as under :- "12. The import of section 80-IA is that the 'total income' of an assessee is computed by taking into account the allowable deduction of the profits and gains derived from the 'eligible business'. With respect to the facts of this Appeal, there is no dispute that the deduction quantified under section 80- .....

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..... including 'income from other sources', in addition to 'business income', have to be taken into account for the purpose of allowing the deductions available to the Assessee, subject to the ceiling of 'gross total income'. The Appellate Authority was of the view that there is no limitation on deduction admissible under section 80-IA of the Act to income under the head 'business' only, with which we .....

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..... assessee, a deduction of an amount equal to hundred per cent of the profits and gains derived from such business for ten consecutive assessment years commencing with the initial assessment year." (Emphasis supplied) 5. Prima facie therefore we are of the view that even if petitioner does not have positive income under the head "profits and gains" from business but the Gross Total Income is in th .....

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..... mar waives service of notice on behalf of the respondents. The respondents may file reply within a period of six weeks from today with an advance copy to the other side. 8. List on 27th January, 2023. 9. In the meanwhile, pending the hearing and the final disposal of this petition, the petitioner is permitted to file paper return of the income for the assessment year 2022-23 subject to final out .....

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