TaxTMI 
TaxTMI 
2022 (11) TMI 875
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....e Income-tax Act, 1961 hereinafter referred to as 'the Act' for the AY 2015-16. 2. The assessee has raised the following grounds of appeal :- 1. For that, on the facts and in the circumstances, the learned Commissioner of Income Tax (Appeals), Guwahati-2, Guwahati [ " CIT(A)" for short hereafter] has erred in law and in fact, in dismissing the appeal and in confirming the additions/disallowances challenged before him, by passing the order under section 250 post haste without considering the relevant grounds, submissions and prayers, by holding that he found no infirmity in the order passed by the learned Assessing Officer ['AO" for short hereafter] denying the claim of deduction under section 80-IC or 801E. The impugned orde....
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....d for not submitting the return of income within due date prescribed u/s 139(1) of the Act without considering the mitigating circumstances. 5. For that, on the facts and in the circumstances, .the learned CIT(A) has erred in law and in fact in sustaining the assessment order wherein the income was assessed at Rs.2, 47, 72, 660/- against the returned income of Rs. NIL, in spite of the fact that the entire assessed income was entitled to deduction u/s 80IC or 80lE of the Act in any view of the matter. 6. For that, the appellant begs leave of putting forward additional ground/grounds in addition to, modification/ substitution of the above ground of appeal before or at the time of hearing. 3. Brief facts of the case as cul....
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....udit report in form 10CCB for claim of deduction u/s. 80 IC of the Act has been filed on 21-09-2015 i.e. within the prescribed time limit for filing return u/s. 139(1) of the Act. The undisputed fact is that return of income for the year under consideration is filed on 26-02-2016 claiming deduction u/s. 80 IC of the Act is a belated return . 10. Now the only question before us is that in case of belated return whether the assessee can claim deduction u/s. 80IC of the Act?. Provisions of section 80 AC has a direct bearing on the said issue and before the amendment brought in Finance Act 2018. Section 80AC reads as under:- Deduction not to be allowed unless return furnished. Where in computing the total income of an asses....
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....nt conditions to be complied/fulfilled by the assessee for claiming the alleged deduction. We do not disregard to the contention of the assessee that there was genuine hardship, which prevented the assessee from filing return before the due date, but the power to relax this condition i.e filing return after the due date for deduction under Chapter VI/VIA of the Finance Act are with the Central Board of Direct Taxes ( in short, 'Board') and are provided under clause (b) and ( c ) of section 119(2) of the Act, which reads as under:- "Section 119(2)(c ): Instructions to subordinate authorities. 119. (1) (a) & ( b) *** *** *** ( 2 ) (a) ) *** *** *** (b) the Board may, if it considers it desirable or....
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....le to file the return before the due date provided u/s. 139(1) of the Act for the purpose of claiming deduction under Chapter IV/VIA of the Act, then a window is available u/s. 119(2)(b) and 119 (2) ( c) of the Act, wherein the assessee can move an application to the Central Board of Direct Taxes ( short, the 'Board'), which may if considering desirable or expedient so to do for avoiding genuine hardship in any case or clause of cases either may authorize any Income-tax authority not being the Commissioner (Appeals), to admit such application and deal with the same in accordance with law or itself pass a general or special order and if the assessee's application is accepted in the manner provided above, then the deduction under Chapter IV/V....