Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2018 (10) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2018 (10) TMI 1090 - ITAT JAIPURDisallowance of the deduction u/s 80IA - delay of 31 days in the filing of the return of income - deduction not allowable u/s 80IA r.w.s. 80AC, if the return of income is filed beyond the due date under section 139(1) - Held that:- The return was not filed within the time prescribed U/s 139(1) of the Act. There was clear violation of provisions of Section 80AC of the Act. The delay was of 31 days in filing the return of income We are of the view that the benefit U/s 80IA of the Act cannot be claimed without fulfilling the conditions laid down in Section 80AC of the Act. The provisions of Section 80AC of the Act are very clearly and unambiguous, therefore, there is no reason to find out whether the provisions are directory and mandatory. When the provision is clear and unambiguous then there is no scope for any authority to go beyond such unambiguous and clear provision of the law. The law clearly provides that the deduction shall not be allowed unless the return furnished on or before the due date specified under sub-section (1) of Section 139 of the Act - Decided against assessee
|