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1 - 10 of 12 (0.25 seconds)The Code of Civil Procedure, 1908
Chanasma Haluka Sarvodaya Majur Kamdar ... vs The Dcit Cpc, Bangaluru on 13 July, 2022
), the ITAT held that to be eligible to make claim under
section 80-IA or any other section of Chapter VI A, assessee should have
I.T.A No. 33/Rjt/2022 A.Y. 2019-20 Page No 9
Dhar Seva Sahakari Mandali Ltd. vs. DCIT(CPC)
filed return of income under section 139(1) and even if it did not make claim
for deduction in original return and subsequently file revised return making
such claim, its claim for deduction under section 80-IA is maintainable.
Therefore, where assessee had filed return under section 139(1), it was
entitled to claim deduction under section 80-IA even if such claim was not
made in original return but subsequently in revised return filed in response
to notice issued under section 153A.
Section 139 in The Income Tax Act, 1961 [Entire Act]
Section 80IA in The Income Tax Act, 1961 [Entire Act]
Section 80AC in The Income Tax Act, 1961 [Entire Act]
Right Tight Fastners Pvt. Ltd., Mumbai vs Acit-11 (1)(1), Mumbai on 11 January, 2021
5.5 In Right Tight Fastners Pvt. Ltd vs Acit-11(1)(1), Mumbai (ITA
No. 3101/Mum/2018, A.Y 2012-13) Hon'ble ITAT "D" Bench, Mumbai
on 11 January, 2021 held - Thus, considering the overall facts and
circumstances of the case in the light of the decisions referred to
I.T.A No. 33/Rjt/2022 A.Y. 2019-20 Page No 4
Dhar Seva Sahakari Mandali Ltd. vs. DCIT(CPC)
above and more particularly applying the ratio of the decision of the
Hon'ble Supreme Court in Dilip Kumar & Co. & Ors. (supra), we
hold that the condition imposed under section 80AC of the Act has to
be fulfilled for claiming deduction under 801B(10) of the Act. Since,
the assessee has not fulfilled the aforesaid condition, deduction
claimed under section 80IB(10) of the Act has been rightly denied by
the Departmental Authorities. Accordingly, the order passed by
learned Commissioner (Appeals) is upheld. Grounds raised are
dismissed.
Section 153A in The Income Tax Act, 1961 [Entire Act]
The Chirakkal Service Co-Operative ... vs The Commissioner Of Income Tax on 28 February, 2013
7.3 We note that in the case of Chirakkal Service Co-Operative Bank
Ltd. Kannur v. CIT 2016] 68 taxmann.com 298 (Kerala), the Kerala
High Court held that a return filed by assessee beyond period stipulated
under section 139(1) or 139(4) or under section 142(1) or section 148 can
also be accepted and acted upon for entertaining claim raised under section
80P provided further proceedings in relation to such assessments are
pending in statutory hierarchy of adjudication in terms of provisions of Act.
In the case of ASR Engg. & Projects Ltd. [2019] 111 taxmann.com 49
(Hyderabad - Trib.