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2016 (3) TMI 240 - AT - Income TaxEligibility of deduction of Section 80IB(10) - grievance of AO was that claim was made in the return filed u/s.139(1) - Held that - CIT(A) recorded a finding to the effect that both the original return was filed well within the time limit prescribed under the law and the revised return filed before the AO completing the assessment that the assessee has fulfilled all the conditions u/s.80IB(10), therefore, entitled for deduction in respect of housing project. The findings recorded by the CIT(A) have not been controverted by department by bringing any positive material on record. Accordingly, we do not find any reason to interfere in the order of CIT(A) in allowing assessee s claim for deduction u/s.80IB(10) of the Act. - Decided in favour of assessee
Issues Involved:
1. Entitlement to deduction under Section 80IB(10) of the Income-tax Act. 2. Validity of the revised return filed beyond the due date under Section 139(5). 3. Interpretation of Section 80A(5) regarding the necessity of claiming deductions in the original return. Issue-wise Detailed Analysis: 1. Entitlement to Deduction under Section 80IB(10): The primary issue revolves around whether the assessee is entitled to a deduction of Rs. 1,94,12,489 under Section 80IB(10) of the Income-tax Act. The CIT(A) allowed the deduction, noting that the assessee fulfilled all conditions prescribed for the deduction. The CIT(A) emphasized that the Assessing Officer (AO) denied the deduction solely based on the provisions of Section 80A(5), without considering the fulfillment of conditions by the assessee. The CIT(A) concluded that there is no bar on furnishing a revised return for claiming deductions under Section 80IB(10), and various judicial decisions support this interpretation. The CIT(A) directed the AO to allow the deduction as the assessee met all necessary conditions. 2. Validity of the Revised Return Filed Beyond the Due Date under Section 139(5): The AO rejected the deduction claim on the grounds that the revised return was filed beyond the due date specified under Section 139(5). However, the CIT(A) and subsequent judicial pronouncements clarified that Section 80A(5) does not restrict the filing of a revised return for claiming deductions. The CIT(A) pointed out that the term "return of income" under Section 80A(5) includes any return filed before the completion of assessment, provided the original return was filed within the time limit prescribed under Section 139(1). Therefore, the revised return filed by the assessee before the completion of assessment proceedings was considered valid. 3. Interpretation of Section 80A(5): The AO's interpretation of Section 80A(5) suggested that deductions must be claimed in the original return, not in a revised return. However, the CIT(A) and judicial precedents clarified that Section 80A(5) requires the filing of a return but does not specify that the claim must be made in the original return. The CIT(A) cited various cases where courts held that a revised return curing defects in the original return should be considered valid. The CIT(A) also noted that the AO has a duty to allow legitimate claims made before the completion of assessment proceedings, even if not initially claimed in the original return. Conclusion: The Tribunal upheld the CIT(A)'s decision, stating that the revised return filed before the completion of assessment proceedings is valid and should be considered by the AO. The Tribunal emphasized that the AO's duty is to assess the correct tax liability, allowing legitimate claims made before the completion of assessment. The Tribunal found no reason to interfere with the CIT(A)'s order, thus dismissing the revenue's appeal and allowing the assessee's claim for deduction under Section 80IB(10). Order Pronounced: The appeal of the revenue was dismissed, and the order was pronounced in the open court on 27/01/2016.
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