2024 (4) TMI 709

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....he ORDER This assessee's appeal for assessment year 2017-18, arises against the National Faceless Appeal Centre [in short the "NFAC"] Delhi's Din and Order No. ITBA/NFAC/S/250/2022- 23/1044996292(1), dated 29.08.2022, involving proceedings u/s. 144 of the Income Tax Act, 1961 (in short "the Act"). Heard both the parties. Case file perused. 2. The assessee pleads the following substanti....

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....the Act that filing of sec. 139(1) return is a condition precedent for claiming the impugned deduction. It is noticed from a perusal of the CIT(A)'s detailed discussion in para-6 that the assessee had indeed filed it's return, albeit belatedly, in response to sec. 142(1) notice. That being the case, I am of the opinion that the amended provision herein i.e., sec. 80AC of the Act imposing such ....

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....but the clinching fact emerging from the assessee's pleadings in Form-35 that the assessee had indeed raised the impugned claim in it's return filed on 11.12.2019. It is reiterated that sec. 80AC of the Act has already been held as not applicable in light of the detailed discussion in preceding paragraph(s). Faced with this situation, I reject the Revenue's instant second substantive argument whil....