TaxTMI 
TaxTMI 
2019 (8) TMI 363
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...., for the assessment year 2008-09. The appeal has been filed raising the following substantial questions of law. "1. Whether the Appellate Tribunal is correct in law in not admitting the appeal filed belatedly even though the powers vested with them were discretionary in nature so as to consider the reasonable cause shown for the belated filing of the said appeal in passing the order of admission as well as passing the order on merits? 2. Whether the Appellate Tribunal is correct in law in not admitting the appeal filed belatedly in overlooking the principles/law laid down by the Apex Court in the case reported in 167 ITR 471 while recording perverse / irrelevant findings in para 4 of the impugned order? 3. Whether the Appellate Tribu....
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....ng of Form No.10 and Board Resolution, while filing the return of income for the assessment year 2008-09 on 02.04.2009. It was stated that since the matter was omitted to be taken cognizance and being a mistake apparent from records, requested that the assessment be revised under Section 154 of the Act. The Deputy Director of Income Tax (Exemptions)-II, by an order dated 28.03.2011, rejected the request made by the assessee, holding that the return filed by the assessee was not accompanied with Form No.10 and Board Resolution, and even if the Board Resolution with Form No.10 has been enclosed with the return, such filing would have been beyond time under Section 139(9), which prescribes the time limit, and the return having been filed only ....
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....imitation, and the appeal was out of time by nearly 3½ years. 5. In the appeal, the assessee, apart from seeking for condonation of delay, contended that Form No.10 filed by the assessee when the assessment proceedings were in progress and the assesee ought to have been allowed the accumulation of income under Section 11(2) of the Act. The Tribunal, did not examine the merits of the matter, as it was satisfied that the delay of more than 3½ years remained unexplained and the assessee was not in a position to give any satisfactory explanation and accordingly, dismissed the appeal, by the impugned order. The assessee filed the present appeal before this Court as against the said order and this appeal is also filed with a delay ....
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....he claim of the assessee under Section 11 and therefore, compliance of the requirement o fthe Act will have to be any time before the assessment proceedings are completed. The ultimate decision went in favour of the Revenue. Yet, we take note of the findings rendered in the decision, stating that before completion of the assessment, the information should be made available to be Assessing Officer. 8. As noted by us earlier, the assessee filed the return of income for the assessment year under consideration on 02.04.2009, which was processed and intimation under Section 143(1) of the Act was issued on 21.01.2011. Thus, there was no assessment under Section 143(3) of the Act. The assessee, while filing the petition under Section 154 of the A....
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....return of income under Section 139(1) of the Act get extended to include the time within which a return of income could be filed under Section 139(4) of the Act. It was held that filling of Form No.10 during reassessment proceedings is filing of the same within the time allowed for furnishing the return of income under Section 139(4) of the Act. 10. In "CIT -Vs- AKS Alloys Pvt Ltd (18 Taxmann.com 25 Mad)", it was held that for claiming deduction under Section 80-IB, audit report in Form 10CCB can be filed before the assessment is completed, if the same has not been filed along with the return of income. In arriving at such a decision, the Court referred to the decisions cited below. ● CIT -Vs- Ace Multitaxes Systems (P) Ltd., (200....