9911796707
TMI Blog2013 (11) TMI 1731X X X X Extracts X X X X X X X X Extracts X X X X ..... similar case, the ITAT condoned the delay of 74 days in filing of the return and permitted the assessee to avail deduction u/s. 80IC in [ 2012 (6) TMI 40 - ITAT HYDERABAD] . Decided in favor of assessee. - SHRI B. RAMAKOTAIAH, ACCOUNTANT MEMBER AND SHRI SAKTIJIT DEY, JUDICIAL MEMBER For the Appellant : Shri Solgy Jose T Kottaram For the Respondent : Shri B. Shanti Kumar ORDER PER B. RAMAKOTAIAH, A.M.: This is an appeal by Revenue directed against the order of CIT(A)-VI, Hyderabad dated 21-08-2012. The issue in this appeal is with reference to the allowance claim u/s 80IC. 2. Briefly stated, Assessee filed return of income admitting Nil income after claiming deduction of ₹ 4,06,98,440/- u/s 80IC. The return was filed on 01-10-2009 wh ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The claim of deduction u/s. 80IC had been disallowed to him for the same reason i.e. the return had not been filed within the time prescribed u/s. 139( 1). On appeal, the ITAT in its order in ITA No. 984/Hyd/2011, dated 31.05.2012 referred to its decision in the case of Vega Conveyors and Automation Ltd (ITA No. 1231 1199/Hyd/2010, dtd. 31.12.2010) as well as the decision in the case of Hemsons Industries [2001] 251 ITR 693{AP) and held that the claim of the assessee cannot be denied on technicalities when the assessee is legally otherwise entitled for deduction. The ITAT condoned the delay of 74 days in filing of the return and permitted the assessee to avail deduction u/s. 80IC. 4.2 In the present appeal, filed by the successor firm to th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within the time specified u/s. 139(1) and since the assessee has filed the return within the extended time allowed u/s. 139(4), the assessee is eligible for deduction u/s 80IC. 4. Aggrieved by the order of CIT(A), the revenue is in appeal before us. 5. After considering rival contentions and particularly the argument of the learned DR that section 80AC refers only to the due dates for furnishing return of income u/s 139(1), we are of the of the opinion that there is no merit in Revenue s appeal. As far as the delay is concerned, the delay is not because of any lapse on the part of Assessee but due to technical reasons in uploading the return electronically and due to delay of few hours in getting connectivety, the date has changed from 30-0 ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
