2019 (6) TMI 1045 - AT - Income Tax

Disallowance u/s 80IC - delay of 01 day in filing the return of income beyond the prescribed period - assessee had not filed the return of income within the stipulated period as provided u/s 139(1) - HELD THAT - Considering the rival contentions and also considering the decision of the Coordinate Bench of the Tribunal in the case of Symbiosis Pharmaceuticals (P) Ltd. Vs DCIT 2017 (11) TMI 1361 - ITAT CHANDIGARH the delay of 01 day in on-line filing of the return occurred not due to any negligence of the assessee, rather, the reason for the same was beyond the control of the assessee. Even otherwise, the return has been filed within extended period as provided u/s 139(4) of the Act. The matter is restored to the file of the AO to examine the limited aspect as to whether the assessee, otherwise, is entitled to claim deduction us 80IC of the Act and if so found eligible, the Assessing Officer will allow the claim accordingly irrespective of the fact that there was a delay of 01 day in filing the return of income beyond the prescribed period under the provisions of section 139(1) - Appeal of the assessee is treated as allowed for statistical purposes.

Summary

Issues: Reopening of assessment u/s 147, Denial of deduction u/s 80IB, Filing return beyond prescribed period u/s 139

Reopening of assessment u/s 147:
The assessee challenged the reopening of assessment under section 147 of the Income Tax Act, 1961, along with the additions made by the Assessing Officer and confirmed by the CIT(A). The grounds of appeal raised by the assessee focused on the validity of reassessment and the actions taken by the authorities.

Denial of deduction u/s 80IB:
The Assessing Officer disallowed the deduction claimed by the assessee under section 80IB of the Act, stating that the assessee was not entitled to it and had not filed the return of income within the stipulated period under section 139(1) of the Act. The assessee contended that even if not eligible for deduction under section 80IB, they were entitled to claim deduction under section 80IC. The assessee argued that the provisions of deduction were beneficial and intended for the promotion of certain industries in economically backward areas.

Filing return beyond prescribed period u/s 139:
The Assessing Officer observed that the return of income was filed beyond the period of limitation under section 139(1) of the Act, citing a delay of one day. The assessee, however, explained that the delay was due to technical glitches beyond their control. Relying on a previous tribunal decision, the assessee argued that the return was filed within the extended period as provided under section 139(4) of the Act. The contention was that the delay should not disentitle the assessee from claiming deduction, especially considering the circumstances beyond their control.

Judgment:
The first ground of appeal was dismissed as 'not pressed' since the assessee did not address arguments on the validity of reassessment under section 147. However, on the issues of denial of deduction under section 80IB and filing the return beyond the prescribed period under section 139, the tribunal ruled in favor of the assessee. The tribunal held that the delay in filing the return was not due to any negligence on the part of the assessee and occurred due to reasons beyond their control. The matter was thus remanded to the Assessing Officer to determine the eligibility of the assessee for claiming deduction under section 80IC, irrespective of the one-day delay in filing the return. Consequently, the appeal of the assessee was allowed for statistical purposes.

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