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TMI Blog2019 (6) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. - ITA No. 829/Chd/2018 - - - Dated:- 6-6-2019 - SHRI SANJAY GARG, JUDICIAL MEMBER For The Assessee : Sh Ashray Sarna, CA For The Revenue : Sh. Manj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 139., is bad in law and against the facts and circumstances of the case. 5. That the appellant craves the leave 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. 3. A perusal of the above grounds of appeal reveals that the assessee in this appeal has agitated the reopening of the assessment u/s 147 of the Income Tax Act, 1961 (in short 'the Act') as well as the additions made by the Assessing Officer and further confirmed by the CIT(A) on merits. 4. Ground No.1 is general in nature . 5. The Ld. Counsel for the assessee has not addressed any arguments on the validity of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... vation of the Assessing Officer that the return of income has been filed beyond the period of limitation u/s 139(1) of the Act, the Ld. Counsel for the assessee has submitted that though there is a delay of only one day in filing the return of income beyond the period stipulated u/s 139(1) of the Act, however, the return was filed within the extended period as provided u/s 139 (4) of the Act. That vide decision of the Coordinate Chandigarh Bench of the Tribunal in the case of Symbiosis Pharmaceuticals (P) Ltd. vs DCIT reported in (2017) 51 CCH 0632 (Chd-Trib), it has been held that the claim of the assessee of deduction could not be ousted if the return has been filed within the extended period of sub section (4) of section 139 of the I.T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the assessee. Even otherwise, the return has been filed within extended period as provided u/s 139(4) of the Act. In view of this, the matter is restored to the file of the Assessing Officer 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) of the Act. In the result, the appeal of the assessee is treated as allowed for statistical purposes. Order dictated and pronounced in the Open Court immediately on com ..... X X X X Extracts X X X X X X X X Extracts X X X X
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