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TMI Blog2014 (4) TMI 213X X X X Extracts X X X X X X X X Extracts X X X X ..... o be adjudicated afresh as the notification goes to the root of the matter and in view of sub sections 6 and 7 of Section 260A of the Act, it can be entertained by the Court – thus, the order is set aside and the matter is remitted back to the Tribunal for fresh adjudication – Decided in favour of Assessee. - ITA No. 304 of 2012 (O&M) - - - Dated:- 10-3-2014 - Ajay Kumar Mittal And Gurmeet Singh Sandhawalia,JJ. For the Appellant : Mr. Avneesh Jhingan, Advocate. For the Respondent : Mr. Denesh Goyal, Advocate. ORDER Ajay Kumar Mittal,J. CM No.32082-CII of 2012 1. Delay in refiling the appeal is condoned. CM stands allowed. 2. This appeal has been preferred by the assessee under Section 260A of the Income T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l Kishan Dhawan, Kapil Dhawan became the Karta of the HUF. The appellant commenced a new industrial undertaking at Daman. The unit was set up in the assessment year 2004-05, which was eligible for deductions under section 80IB of the Act. The appellant filed return for the financial year 2003-04 i.e. Assessment year 2004-05 and claimed deduction under section 80IB of the Act with regard to the new unit at Daman for ₹ 7,65,258/-. The assessment was finalized in scrutiny on 11.12.2006 and the claim of the assessee under section 80IB was accepted. Similarly, the claim under Section 80IB for the assessment year 2005-06 was accepted. With regard to the assessment year 2007-08, the appellant got its accounts of the unit audited and the same ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue date was 31.10.2007. It was urged that the Central Board of Direct Taxes (CBDT) had issued notification dated 31.10.2007, Annexure A.5, whereby in exercise of powers under Section 119 of the Act, the Board had extended the date for filing of the returns and reports of audit upto 15.11.2007 instead of 31.10.2007. It was urged that in view thereof, in terms of sub sections 6 and 7 of Section 260A of the Act, since these matters go to the root of the case, the same require to be taken up by this Court and the case is required to be remanded to the Tribunal to adjudicate afresh in the light of the aforesaid notification. 5. Learned counsel for the revenue on the other hand besides supporting the order passed by the Tribunal submitted that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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