2022 (12) TMI 440

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....Chennai dated 12.03.2015 passed under section 263 of the Income Tax Act, 1961 ["Act" in short]. The appeals filed by the assessee in I.T.A. Nos. 521, 522, 523 & 524/Chny/2018 are directed against the common order of the ld. Commissioner of Income Tax (Appeals) - 3, Chennai dated 29.09.2017 relevant to the assessment years 2009-10, 2010-11, 2011- 12 and 2012-13. 2. The appeals filed by the assessee in I.T.A. Nos. 521 to 524/Chny/2018 are delayed by 4 days in filing the appeal before the Tribunal. Similarly, the appeal in I.T.A. No.254/Chny/2016 is filed before the Tribunal with a delay of 274 days delay. The assessee has filed petitions in the form of affidavit to condone the delay. We have gone through the condonation petition filed in t....

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....ection 143(3) of the Act dated 25.03.2013 and directed the Assessing Officer to revise the assessment by disallowing the deduction claimed under section 10A of the Act. 3.2 In pursuance to the directions given by the ld. CIT, the Assessing Officer has passed consequential order [giving effect to the order of the ld. CIT] under section 263 r.w.s. 143(3) of the Act dated 24.08.2015 and disallowed the claim of deduction under section 10A of the Act. On appeal, the ld. CIT(A) dismissed the appeal of the assessee. 4. Aggrieved, the assessee is in appeal before the Tribunal in I.T.A. No. 522/Chny/2018 and also challenged the order passed by the ld. CIT under section 263 of the Act in I.T.A. No. 254/Chny/2016. 5. When these appeals were t....

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....3. Subsequently, the ld. CIT, by exercising the power conferred under section 263 of the Act, directed the Assessing Officer to disallow the claim of deduction under section 10A of the Act. Now the CBDT by order under section 119(2)(b) of the Act dated 10.10.2022 for the assessment year 2010- 11 condoned the delay and also clarified that the condonation of delay in filing the return of income will not amount to acceptance of claims made in the concerned ROI of the assessee and the Assessing Officer shall deal with it on merits. In view of the above, by considering the entire facts and circumstances of the case, we are of the considered opinion that the Assessing Officer has to examine the claim of the assessee under section 10A of the Act i....

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....t. 11. On the other hand, the ld. DR has relied upon the decision of the Rajkot Special Bench of ITAT in the case of Saffire Garments v. ITO [2012] 28 taxmann.com 27 (Rajkot)(SB) and pleaded that the same should be followed. 12. We have heard the rival contentions and gone through the decision of the Rajkot Special Bench of the ITAT in the case of Saffire Garments v. ITO (supra), wherein, the Special Bench has held that to claim a benefit under section 10A of the Act, the return of income has to be filed under section 139 of the Act and it is a mandatory and not directory. Respectfully following the decision of the Rajkot Special Bench, we reject the arguments of the ld. Counsel for the assessee and the appeals filed by the assessee f....