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TMI Blog2015 (8) TMI 647X X X X Extracts X X X X X X X X Extracts X X X X ..... see from the claim of deduction u/s 80IC. It is admitted fact that return of income filed by assessee was late. Therefore, the Assessing Officer should have examined this aspect at the stage of assessment while granting deduction to the assessee. Since the Assessing Officer has not examined this aspect of late return filed by the assessee, therefore, Ld. Commissioner of Income Tax was justified in invoking jurisdiction under section 263 of the Act and was justified in holding that the assessment order is erroneous as wel l as prejudicial to the interest of revenue. The Ld. Commissioner of Income Tax, therefore, rightly directed the Assessing Officer to pass fresh assessment order in accordance with law. The appeal of the Act has no merit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to the assessee for explanation in which the assessee stated that return was filed late but taxes have been paid. But it was beyond the control of the assessee company because the balance sheet and Tax Audit Report were obtained on 30.09.2009, which was within time. The Ld. Commissioner of Income Tax, however, considering the return to be late, set aside the impugned order and directed the Assessing Officer to pass fresh assessment order in accordance with law. The findings of Ld. Commissioner of Income Tax in paras 4 to 12 of the impugned order are reproduced as under: 4. I have carefully considered the submissions of the authorized representative of the assessee and the facts of the case. Before discussing the arguments of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... containing claim u/s 80IC is not furnished before the due date specified in Section 139(1). The language of Section 80AC in this behalf is absolutely clear. It is a well settled principle of construction that the statutory enactment must obviously be construed according to the plain meaning and that the scope of the legislation or the intention of the legislation cannot be enlarged when the language of the provisions is plain and unambiguous. The language of Section80AC is unequivocal in specifically providing for the consequence that would follow if the return of income containing claim for deduction u/s 80IC is not furnished before the due date specified in Section 139(1) of the Act. There are no circumstantial provisions or any exceptio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... duction u/s 80IC. 8. In this light, the submissions of the assessee are irrelevant and deviated from the issue at hand. It is an undisputed fact that the assessee has furnished its return of income after the due date of filing u/s 139(1). Hence, the assessee's case is clearly covered under the prohibitory provisions of section 80AC of the Income-tax Act, 1961. Since, as clearly brought out above, the Law does not provide for any exception to the application of section 80AC, there is no point in submitting that the assessee was prevented by a cause, reasonable or otherwise, from filing the return in time and whether or not the audited accounts were finalized before the due date. If, by the assessee's own admission, that it was und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rishan Dhawan Huf Prop. M/s B.K.D Enterprises, Amritsar ITA No. 235- 236/ASR/2011. In this order, the Tribunal has clearly held that the benefit u/s 80IB (read 80IC for the present case) is not allowable if the condition laid down by section 80AC is not complied with by an assessee. 12. Therefore, in view of the facts and the legal position stated above, it is apparent that the subject order of assessment dated 31.12.2011 is not only erroneous but is also prejudicial to the interest of Revenue. Consequently, in exercise of the jurisdiction conferred by section 263 of the Act, the said order of assessment dated 31.12.2011 is set aside. The assessing officer is directed to pass a fresh assessment order and recompute the assessee's inco ..... X X X X Extracts X X X X X X X X Extracts X X X X
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