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TMI Blog2021 (3) TMI 158X X X X Extracts X X X X X X X X Extracts X X X X ..... ote hon'ble apex court's landmark decision in KV Pillai vs. CIT [ 1966 (10) TMI 35 - SUPREME COURT] to express our complete agreement with the CIT(A)'s detailed discussion treating the assessee eligible for the impugned relief. Revenues sole substantive grievance to this effect fails therefore. - Decided against revenue. - ITA No. 888/Hyd/2019 - - - Dated:- 24-2-2021 - S. S. Godara , Member ( J ) And L. P. Sahu , Member ( A ) For the Appellant : Sunil Kumar Pandey , DR For the Respondents : Vishal , AR ORDER This Revenue's appeal for A.Y. 2016-17 is directed against the Commissioner of Income Tax (Appeals)-5 ['CIT(A)' for short], Hyderabad's order dated 22.03.2019 in case No. 0030/2018-19/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6-17 on 14.10.2016 which was within the due date of the filing of the return. The appellant had declared an income of ₹ 5,43,660/- after claiming deduction u/s. 80IA of ₹ 19,02,51,433/- and further offered income u/s. 115JB at ₹ 5,34,33,460/-. The appellant further filed a revised return on 28.12.2016 declaring an income of ₹ 5,45,170/- after revising the deduction u/s. 80IA to ₹ 19,18,68,986/- u/s. 80IA of the Income Tax Act and income u/s. 115JB at ₹ 5,09,10,210/-. The revised return was processed u/s. 143(1) on 20.08.2017 which resulted in the disallowance u/s. 80IA(4) of ₹ 19,18,68,986/-, thus resulting in the income of ₹ 19,24,14,160/- (after rounding of). The appellant fil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led after the filing of original return and the filing of Form 10CCB. The provisions of section 80A(5) and 80AC are brought out as under: 80A(5), Where the assessee fails to make a claim in his return of income for any deduction under section 10A or section 10AA or section 10B or section 10BA or under any provision of this Chapter under the heading C.-Deductions in respect of certain incomes , no deduction shall be allowed to him there under.] 80AC. Deduction not to be allowed unless return furnished.- Where in computing the total income of an assessee of the previous year relevant to the assessment year commencing on the 1st day of April, 2006 or any subsequent assessment year, any deduction is admissible under section 8 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gment is reproduced hereunder: We have heard rival submissions and gone through facts and circumstances of the case. The facts stated hereinabove remained undisputed and hence, the same are not reiterated for the sake of brevity. The analysis to the impugned issue by the Ld. CIT(A) and the various provisions of the Act relating to the impugned issue together with the various case laws relied on by the Ld. AR are not reiterated herein for the sake of brevity. We found it pertinent to analyse the applicability of the Special bench decision of the Rajkot Tribunal in the case of Saffire Garments Vs. ITO reported in (2012) 28 taxman.com 27 (Rajkot S.B.) dated 30.11.2012 to the facts of the instant case. We find that the Hon'ble Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ad filed its return before the due date and as such, is eligible for deduction. It is not the case that the assessee before the Hon'ble Special bench had filed its original return before the due date of filing the return for the relevant year and claimed deduction u/s. 10A of the Act in its revised return. The case before the Hon'ble Special Bench was that the assessee had filed the return itself after the due date of filing the return and hence, the Hon'ble Special bench decided the issue against the assessee, which is not the case of the assessee before us. We find that the Ld. CIT(A) had made the very same observation after interpreting the section 80AC of the Act [similar to proviso to sec. 10A(1A) i.e., claim of section 80I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e claim was revised regarding deduction u/s. 80IA in the revised return and Form No. 10CCB was filed for the first time in the revised return. Thus, the case of the appellant is a sub set of the case discussed above, wherein the deduction u/s. 80IA was allowed. The above being factual position of law would not need any interpretation and therefore the claim u/s. 80IA cannot be disallowed while processing u/s. 143(1) of the Income Tax Act, 1961. In view of the above, the AO is directed to allow the deduction u/s. 80IA as claimed. Therefore, the ground No. 2 is allowed accordingly, and as substantive relief has been granted to the appellant, the other grounds No. 3, 4, 5 and 6 become academic for adjudication and hence am ..... X X X X Extracts X X X X X X X X Extracts X X X X
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