2015 (10) TMI 950

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....al ('ITAT') in ITA No. 1014/Del/2012 for the Assessment Year (AY) 2008-09. 4. In the present case the Assessee filed its return of income for the AY in question on 2nd April 2009 claiming the benefit of deduction under Section 80IB (10). This was allowed by the Assessing Officer (AO) while making assessment under Section 143(3) of the Income Tax on 30th December, 2009. In terms of Section 80AC of the Act the return had to be filed by the Assessee, 'on or before the due date specified under Section 139(1)', which in this case meant on or before 31st October, 2008. 5. A short question before the Commissioner of Income Tax (CIT) who initiated proceedings under Section 263 and proceeded to withdraw the deduction claimed by the Assessee un....

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....and, has placed reliance on the decisions of this Court in CIT v. Integrated Databases (I) Ltd. (2009) 178 Taxman 432 (Del) and CIT v. Contimeters Electricals (P) Ltd. (2009) 178 Taxman422 (Del). He also placed reliance on the decision dated 26th June 2013 of the Andhra Pradesh High Court in ITTA No. 114 of 2013 (CIT v. Sri S Venkataiah), the decisions dated 29th April 2013 of the ITAT Madras in ITA No. 1214/Mds/2012 (ACIT v. Precot Meridian Ltd.) and 4th February 2013 in ITA No. 1219-1223/Mds/2012 (ACIT v. V.N. Devadoss), the decisions of the ITAT Delhi dated 30th July 2010 in ACIT v. Dhir Global Industrial (P) Ltd. 133 TTJ (Del) 580 and dated 25th January 2012 in ITA No. 3352/Del/2011(Hansa Dalakoti v. ACIT), the decision of the Bangalore....