assuming authority u/s 80AC of the Act,
when in fact the Appellant is deemed to have filed its return of income ... mentioned in Sec.139(1) of the Act. In this regard, Section 80AC of the
Act is reproduced beow:-.
"Section 80AC. Where in computing
observed that
"4.6 The provision of Sec.80AC clearly states that no deduction
u/s.801A shall be allowed to the assessee unless ... view of various judicial rulings
with regard to 80AC, which places the clauses for the denial of
deduction, if the returns are not filed within
date as provided u/s 139(1)
of the Act. Further section 80AC provides that no deduction shall be allowed if the return ... date as specified u/s 139(1) of the Act. Section 80AC is
reproduced below:
"Deduction not to be allowed unless return furnished
further, erred in holding that the
compliance provisions u/s 80AC of the Act were mandatory
and not directory in nature.
3. The facts ... under-assessment of income;
(ii) as per the provisions of s. 80AC of the Act, w. e. f. Assessment
Year 2006-07, no deduction
that the CIT (A) erred in invoking the
provisions of s. 80AC of the Act;
- that the CIT (A) also erred in confirming the disallowance ... assessee for the reasons that
as per the provisions of s. 80AC of the Act, return has to be filed within due
date of filing
categorically held that for the impugned Assessment
Order, provisions of section 80AC are applicable and as the Assessee
has not filed its return of income ... Authorized Representative submitted the written statements
and submitted that though section 80AC provides so, further, there
is no authority
date was 31.10.2018. Accordingly, as per the
amended provision of section 80AC of the Act, the CPC did not allow the
deduction claimed under section ... provisions of section 80AC , (wef AY 2018-19) to avail the benefits of
deduction u/s 80P , ITR shall be filed on or before
there is no justification for invoking the
provisions of Section 80AC of the Act, to deny the legitimate
claim u/s.80IB ... Without prejudice to the above, the provisions of Section
80AC of the Act are only directory and not mandatory and should
be construed
file return of
income upto 31.08.2018. He also refer to section 80AC and submitted that
it is mandatory to file return within due date ... case where the express prohibition as in the words
quoted from Section 80AC were not there, an arguable case could have
been made out. However
view that as per the provision of section 80AC of the Act any deduction
under Chapter-VI A of the Act (Sec.80IA ... Counsel for the
assessee, who submitted that the provision of section 80AC of the
Act is directory and not mandatory. I have considered the
submissions
