9911796707
TMI Blog2012 (4) TMI 264X X X X Extracts X X X X X X X X Extracts X X X X ..... in making disallowance of claim of Rs.10,36,567/- u/s 80IC on a/c of not filing of the Income Tax Return on due dates completely ignoring the reasonableness of the delayed filing which was attributed to the fault of the counsel and not the assessee. 2. That the appellant craves to add, modify, amend or delete any of the grounds of appeal at the time of hearing and all the above grounds are without prejudice to each other." 2. The assessee in the present case has filed her return of income on 31st March, 2009 as against the due date prescribed u/s 139(1) of 31st August, 2008. In the return of income the assessee claimed deduction of Rs. 10,36,567/- under the provisions of Section 80-IC of the Income-tax Act (the Act). The Asses ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of Hon'ble Supreme Court in the case of Bajaj Tempo Ltd. v. CIT [1992] 196 ITR 188/62 Taxman 480. Reference was also made to the decision of ITAT Delhi Bench in the case of Asstt. CIT v. Dhir Global Industries (P.) Ltd. [2011] 43 SOT 640/[2010] 8 taxmann.com 208 wherein interpreting the similar provision contained in Section 10B(1), the delay in filing the return of 1 ½ month was considered to be a technical default and it was held that deduction could not be disallowed for such a default and while holding so reliance was placed on the decision of Delhi High Court in the case of CIT v. Integrated Databases India Ltd. [2009] 178 Taxman 432. In this manner, it was claimed that the assessee was prevented by reasonable cause and the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the provisions of 80AC are in the nature of directory and machinery provisions which cannot be treated to be mandatory and reference was made to the decision of Hon'ble Supreme Court in the case of CIT v. National Taj Traders [1980] 121 ITR 535/[1979] 2 Taxman 546 wherein it was observed by the Hon'ble Supreme Court that it is well settled principle that the fiscal statute should be construed strictly is applicable only to taxing provisions such as charging provision or a provision imposing penalty and not to those parts of the statute which contained machinery provisions and by no stretch could Section 33B be regarded as a charging provision. Thus, it was the contention of the learned AR that that the principle of strict interpretati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h debars the grant of exemption in case return is not filed within the due date prescribed under the Act. The said proviso is reproduced below:- "Provided also that no deduction under this section shall be allowed to an assessee who does not furnish a return of his income on or before the due date specified under sub-section (1) of section 139." 7. The language of both the provisions are pari materia. Both of these sections debars the assessee from claiming deduction u/s 80IC and exemption u/s 10B, in a case where return of income is not filed by the assessee within the prescribed statutory time u/s 139(1). The provisions of Section 10B (1) were considered by the coordinate Bench of this Tribunal in the aforementioned decision of Dhir Glo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cedent, we remit this issue to the files of the Assessing Officer. He shall examine the merits of the assesseee's claim of exemption u/s 10B. We make it clear that we have already adjudicated the issue regarding delay in filing of return of income in assessee's favour in the forgoing paragraphs, the same shall not again form part of adjudication by the Assessing Officer. Needless to add that the assessee should be given adequate opportunity of being heard. 7. In the result, the appeal filed by the revenue is allowed for statistical purposes." 8. In our opinion, the facts of the present case are almost identical. The assessee in the present case, had filed all the necessary documents which were supporting the claim of the assessee for dedu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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