DCIT, New Delhi vs. Sh. Shyam Sunder Khemka, New Delhi
In the result, appeal filed the Revenue is dismissed
ITA 5378/DEL/2013[2009-10]Status: DisposedITAT Delhi29 Jul 2016AY 2009-10
Bench: Sh. H.S. Sidhu & Sh. O.P. Kantassessment Year: 2009-10 Dcit, Circle-5(1), Room No. Vs. Sh. Shyam Sunder Khemka, 409A, C.R. Building, I.P. E-292, Sarita Vihar, New Estate, New Delhi Delhi Gir/Pan :Aanpk9254H (Appellant) (Respondent) Appellant By Smt. Anima Barnwal, Sr.Dr Respondent By Dr. Rakesh Gupta & Sh. Somil Aggarwal, Advocates Date Of Hearing 29.06.2016 Date Of Pronouncement 29.07.2016 Order Per O.P. Kant, A.M.: This Appeal By The Revenue Is Directed Against Order Dated 18/07/2013 Of Learned Commissioner Of Income-Tax (Appeals)-Vii, New Delhi For Assessment Year 2009-10, Raising Following Grounds: I. Whether In The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Allowing 100% Deduction U/S 80Ic Instead Of 25% By Considering Return Of Income Which Was Filed After Due Date U/S 139(5) Of The It Act? Ii. Whether In The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Accepting The Additional Evidence
Section 139(5)Section 143(3)Section 263Section 80I
…eted under section 143(3) of the Act has allowed 100% deduction in respect of the profit of the unit under section 80IC of the Act. He further relied on the judgment of the Hon’ble Delhi High Court in the case of CIT Vs. Jai Parabolic Springs Ltd, reported in 306 ITR 42 (Del), wherein it is held that that the Tribunal has power to allow the deduction to the assessee, to which it was otherwise entitled, even though no claim was made by the assessee in the return of income. Accordingly, he submitted the learned Commissioner of Income-tax(Appeals) has rightly allowed the deduction after considering decisions of Hon’…
