M/S SUOLIFICIO LINEA ITALIA (INDIA) PRIVATE LIMITED,KOLKATA vs. J.C.I.T CIR - 8,KOLKATA, KOLKATA

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ITA 702/KOL/2013Status: DisposedITAT Kolkata09 March 2016AY 2009-103 pages
AI SummaryDismissed

What did the Tribunal hold?

The Tribunal held that filing the return of income on or before the due date is a mandatory pre-condition for claiming deductions under Section 80IB, as stipulated by Section 80AC. Since the assessee filed the return late, the deduction was rightly disallowed.

What were the facts?

The assessee claimed deduction under Section 80IB of the Income Tax Act. The Assessing Officer disallowed this deduction because the Income Tax Return (ITR) was filed after the due date specified under Section 139(1). The CIT(A) upheld this disallowance.

What were the issues?

Whether the deduction under Section 80IB is admissible when the return of income is filed after the due date specified under Section 139(1).

Which sections of the Income-tax Act were involved?

Section 80IB,Section 139(1),Section 80AC

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, KOLKATA BENCH “A” KOLKATA

Before: Shri N.V.Vasusdevan & Shri Waseem Ahmed

आदेश /O R D E R

PER Waseem Ahmed, Accountant Member:-

1.

This appeal by the assessee is arising out of order of Commissioner of Income Tax (Appeals)-VIII, Kolkata in appeal No.145/CIT(A)-VIII/Kol/11-12 dated 19.12.2012. Assessment was framed by JCIT(OSD) Circle-8, Kolkata u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred to as ‘the Act’) vide his order dated 28.11.2011 for assessment year 2009-10.

2.

At the outset, we observed that the deduction claimed by assessee u/s 80IB of the Act was disallowed by Assessing Officer on account of late filing of ITR as specified u/s. 139(1) of the Act.

M/s Suolificio Linea Italia (I) Pvt. Ltd. v. JCIT Cir-8 Kol. Page 2 3. Aggrieved, assessee preferred an appeal before Ld. CIT(A) who confirmed the action of AO.

Being aggrieved by this order of Ld. CIT(A) assessee preferred second appeal before us on the following grounds ;-

1. That the learned Commissioner of Income Tax (Appeal) has erred in law and in fact by confirming the disallowing made by the learned assessing officer on account of claiming the deduction under section 80IB() on the ground that the return was filed after the due date prescribed under section 139(1).

2. That the learned Commissioner of Income Tax (Appeal) has erred in law and in fact by confirming the disallowing made by the learned assessing officer on account of claiming the deduction under section 80IB(4) on the ground that the assessee has failed to produce reasonable cause for not filing the return in time.”

Shri Srikumar Banerjee, Ld. Authorized Representative appearing on behalf of assessee and Shri Prabal Chowdhary, Ld. Departmental Representative appearing on behalf of Revenue.

4.

We have heard rival contentions and perused the materials available on record. We understand that deduction claimed by assessee u/s 80IB of the Act was disallowed for the reasons of not filing ITR within the stipulated time as specified u/s. 139(1) of the Act. As per the provision of Sec. 80IB of the Act, it was the pre-condition to claim the deduction that the return of income should be filed within the due date. The relevant provision of Sec. 80AC of the Act is reproduced as under:- ‘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 80IA or Section 80IAB or Section 80IB or Section 80IC [or Section 80ID or Section 80IE], no such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section (1) of Sec. 139.’ M/s Suolificio Linea Italia (I) Pvt. Ltd. v. JCIT Cir-8 Kol. Page 3 In view of the provisions contained u/s. 80AC for claiming the deduction under section 80IB it was mandatory to file ITR within the due date as specified u/s. 139(1) of the Act. In the case on hand, there is no dispute that the ITR as filed after the stipulated time. Therefore, we have no hesitation in upholding the order of Ld. CIT(A). This ground of assessee’s appeal is rejected.

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