TaxTMI 
TaxTMI 
2022 (8) TMI 579
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....g the action of The Assessing Officer in completing the assessment based upon the original return without considering the revised statement filed by the appellant." 3. Brief facts of the case are that the assessee engaged in manufacturing of plane shaft bearings and allied engineering goods and generation of electricity from Windmill. The assessee filed return of income on 16.09.2011 and during the course of assessment, the assessee filed revised computation of income claiming deduction of Rs 19,22,048/- u/s 80IA(4)(iv)(a) of the Act contending that this deduction was inadvertently not claimed in the return of income filed on 16.9.2011. The assessee filed a copy of audit report u/s 80IA(7) in form 10CCB dated 08.07.2013. The audit reports as well as claim of deduction were thus both belated, filed subsequent to filing of return of income. The AO observed that as per provisions of Section 139(5) of the Act, the assessee could file revised return of income up to 31.03.2013. The revised statement filed during assessment proceedings on 07.10.2013 was thus beyond even the stipulated last date of filing of revised return of income. The AO was of the view that in absence of revised retur....
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....e assessee does not fulfill the conditions of allowability of the deduction u/s 80IA. As has been brought out by AO the provisions of Section 80A(5) are very categorical that the deduction chapter VIA shall not be allowed where the assessee fails to make claim in his return on income. Besides, section 80IA(7) is also very categorical that the deduction under sub section 1 of section 80IA shall not be admissible unless the account of the undertaking of the previous year relevant to the assessment year for while the deduction is claimed have been audited by the accountant as defined in explanation section 288(2) and the assessee furnishes along-with return of income the report of the audit in the prescribed form duly signed and verified by such accountant. I, thus find that not only the assessee failed to make the claim of deduction by a valid return of income or revised return of income, it also failed to fulfill the condition laid down in Section 80IA(7) of furnishing the requisite audit report. The claim of assessee is therefore not tenable not only by virtue of decision in the case of Goetze (India) Limited vs. Commissioner of Income Tax, (2006) 157 Taxman 1 (SC), as the claim ....
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....infrastructural facilities, had not made a claim under section 80-IA in its return of income and raised claim for first time in revision application filed under section 264, by virtue of section 80A(5), said claim could not be granted. While passing the order, the Gujarat High Court made the following observations: 8. However, the Petitioners are faced with the statutory provision contained in sub-section (5) of section 80A of the Act. The Petitioners' claim cannot therefore be accepted de hors the said statutory provision and ordinary principle of the wide powers of the CIT exercising revisional jurisdiction under section 264 of the Act cannot be imported. What sub-section (5) of section 80A of the Act mandates is that, if the assessee fails to make a claim in his return of income for any deduction under the provisions specified therein, the same would not be granted to the assessee. This condition or restriction is not relatable to the Assessing Officer or the Income-tax Authority. This condition attaches to the claim of the assessee and has to be implemented by the Assessing Officer, CIT or the Appellate Tribunal as the case may be. There is no indication in subsection (5)....
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.... Credit Society Ltd. (supra), the coordinate bench has held that even if the assessee has not claimed a deduction in the return of income, the appellate authorities have power to allow deduction which is allowable under the provisions of the Act. However, as it appears form a reading of the said decision, provision contained in section 80A(5) was not brought to the notice of the Tribunal. Further, the Tribunal did not have the benefit of the decision of the Hon'ble jurisdictional High Court in case of EBR Enterprises (supra) which was subsequently rendered. 11. It may be a fact that the Tribunal has allowed assessee's claim of deduction under section 80P(2)(a)(i) of the Act in assessment years 2010-11 and 2012-13. However, there is nothing on record to suggest that there was any violation of section 80A(5) of the Act. Therefore, the factual position based on which the decisions were rendered in assessment year 2010-11 and 2012-13 are different from the impugned assessment year. Thus, respectfully following the ratio laid down in the decision of the Hon'ble jurisdictional High Court in EBR Enterprises case (supra), we hold that the assessee cannot be allowed deduction ....