2014 (8) TMI 1165

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....ri ORDER PER DR. S.T.M. PAVALAN, JM: This appeal filed by the Revenue is directed against the order of the Ld.CIT(A) -34, Mumbai dated 16.03.2012 for the Assessment Year 2008-09. 2. In this appeal, the Revenue has raised the following grounds:- "On the facts and in the circumstances of the case and in law, whether the Ld. CIT(A) was right in allowing the assessee's claim of de....

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....llowing the provisions of section 80AC, disallowed the deduction of Rs. 13,88,453/- claimed by the assessee u/s 80IB(10) of the Income-tax Act. On appeal, the Ld.CIT(A), by holding that the assessee had filed the return within the extended time available u/s 139(4) of the Act, directed the AO to allow the claim of the assessee u/s 80IB(10). Aggrieved by the impugned order, the Revenue is in appeal....

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....arments Vs. ITO (2013) 140 ITD 6 (Rajkot) (SB), wherein it has been held that the restriction provided by way of the proviso to section 10A(1A) is mandatory as the matter governs filing of the return of income within the due date provided under section 139(1). Therefore, we find that the said decision of the Special Bench applies not only to section 10A, but also to sections 10B and 80AC. In the f....