Condonation of refiling delay refused where repeated defects, lack of diligence and vague explanations defeated the appeal against resolution plan app...
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The Income Tax Appellate Tribunal held that the denial of exemption u/s 10(23C)(iiiab) for late filing of the income tax return beyond the time specified u/s 139(1) or for filing the return u/s 139(4D) instead of Section 139(4C) is not justified. The Tribunal ruled that the Department could not point out any relevant provision that disentitles the assessee from claiming exemption u/s 10(23C)(iiiab) for non-filing or late filing of the return. Consequently, the action of the lower authorities in denying the exemption on these grounds was set aside, and the Assessing Officer was directed to grant the exemption claimed u/s 10(23C)(iiiab). The assessee's appeal was allowed.
The Income Tax Appellate Tribunal held that the denial of exemption u/s 10(23C)(iiiab) for late filing of the income tax return beyond the time specified u/s 139(1) or for filing the return u/s 139(4D) instead of Section 139(4C) is not justified. The Tribunal ruled that the Department could not point out any relevant provision that disentitles the assessee from claiming exemption u/s 10(23C)(iiiab) for non-filing or late filing of the return. Consequently, the action of the lower authorities in denying the exemption on these grounds was set aside, and the Assessing Officer was directed to grant the exemption claimed u/s 10(23C)(iiiab). The assessee's appeal was allowed.
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