2018 (5) TMI 638

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....r the benefit conferred under Section 80-IB of the Income Tax Act, 1961 being declined on the ground that the appellant did not file its return for the relevant assessment year within the period prescribed under Section 139 (1) of the Act. The facts are not much in dispute. Section 80-IB of the Act allows certain deductions if an industry is established in a backward area. Such deductions are allowed for a period of ten years. A condition for obtaining the benefit of such deductions is that the return for the relevant year should be filed within the time prescribed under Section 139(1) of the Act. Such condition is imposed by Section 80AC of the Act and the wording of the material part is couched in a negative fashion: "...no such deduct....

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.... No.190 of 2009 (CIT, Kolkata vs. M/s. S. R. Batliboi & Associates) . The appellant also fairly submits that there is a previous judgment of this Court reported at 370 ITR 305 (CIT v. Shelcon Properties P. Ltd.) where this Court had taken an adverse view on the issue directly involved in the present case. The judgment in S. R. Batliboi was based on the Supreme Court dictum in the judgment reported at (1970) 77 ITR 518 SC (CIT v. Kulu Valley Transport Co. P. Ltd.). As a matter of fact, the Kulu Valley Transport judgment was also considered in course of the Shelcon Properties P. Ltd. judgment and it was held that the dictum would not apply to a case governed by Section 80-IB of the Act read with the condition imposed by Section 80AC thereo....