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2024 (10) TMI 101

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..... n of Income for claiming deduction - HELD THAT:- The case is remitted back to the respondent to pass a fresh orders after taking note of the aforesaid order passed by the CIT, condoning the delay in filing the return u/s 139 of the Income Tax Act, 1961. The Officer shall re-examine the issue as to whether the petitioner would be entitled to the benefit of Section 80P of the Income Tax Act, 1961. T .....

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..... of the Income Tax Act, 1961 could not be prepared and therefore return was filed belatedly. Therefore, the petitioner approached the Chief Commissioner of Income Tax (OSD) under Section 119(2)(b) of the Income Tax Act, 1961 r/w Circular No.1013/2023 dated 26.07.2023 for condonation of delay. 3. Earlier request was rejected by the Chief Commissioner of Income Tax (OSD) vide order dated 23.02.2021 .....

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..... this Court is inclined to grant the petitioner liberty to approach the appropriate authority in terms of the provisions and the relevant Circulars, in particular, Circular No.13 of 2023 dated 26.07.2023 within a period of 4 weeks from the date of receipt of copy of this order. If such application is filed, the appropriate authority shall dispose of the application within a period of 6 weeks from .....

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..... f income for such Assessment Year on or before the due date specified u/s. 139(1) of the Income tax Act. 3.2 It is seen that the Assessment Year 2018-19 is the first year of operation of Sec. 80AC of the Act. 3.3. It is seen that the assessee could not furnish the return of income within the due date specified u/s. 139(1) of the Income tax Act due to delay in completion of audit under State Law, w .....

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