2017 (7) TMI 1168 - HC - Income Tax

Allowing the deduction u/s 80IA to the assessee on the basis of return filed after the issue of notice u/s 153A - Held that - Appeal is dismissed. For details, see order of date passed in PR. COMMISSIONER OF INCOME TAX (CENTRAL) LUCKNOW VERSUS M/S VIJAY INFRASTRUCTURE LTD. 2017 (7) TMI 956 - ALLAHABAD HIGH COURT as held Tribunal has justified deduction under Section 80IA on the basis of return filed under Section 153A by observing that for the assessment year 2009-10 and onwards, the time for filing revised return has not expired and, therefore, claim for deduction under Section 80IA if not made earlier could have been made in the revised return. Once it could have been claimed in revised return under Section 139 (1), the same could have also been claimed under Section 153 (A). Assesses is a Developer and not a Contractor

Summary

The High Court of Allahabad dismissed the appeal in Income Tax Appeal No. 29 of 2016. Sudhir Agarwal and Ravindra Nath Mishra JJ. were the judges. Manish Misra represented the Appellant, while Desh Deepak Chopra represented the Respondent.