2020 (6) TMI 837

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....cer disallowing claim of deduction u/s. 80-IE amounting to Rs. 18,44,653/- on the ground of delay in filing of return, ignoring the circumstances leading to the delay. 3. The AO notes that the assessee is engaged in the manufacturing of Soya Chunks in its industrial undertaking situated at kothkotia Gaon, P.O Dhuklangia, Dist; Jorhat in the name and style of M/s. Soni Industries (Prop: Manish Soni) and having its office at Chamber Road, Jorhat-785 001. The AO notes that the assessee has started its manufacturing activities from 25-11-2012 and claimed deduction u/s. 80IE in the AY 2013- 14. Thus, the AO acknowledges that this is the third year of assessee's total ten years eligibility claim u/s. 80IE of the Income-tax Act, 1961 ( in short....

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....e Act, if he is claiming deduction u/s. 80IE of the Act. Therefore, he confirmed the order of the AO. Aggrieved, the assessee is before us. 4. We note that the AO has accepted that the assessee is manufacturing soya chunks from 25-11-2012 and has claimed deduction u/s. 80IE of the Act in the AY 2013-14 and this year (AY 2015-16) is the third year of assessee's claim u/s. 80IE of the Act. The AO has acknowledged that he has verified and examined the claim and perused the audit report in Form No. 10CCB and also gone through the books of account and documents as called for by him to examine the details furnished by the assessee during the assessment proceedings. In this case the AO has not found any facts, which could have dis-entitled the ....

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....ere the delay is so extraordinary so as to not be condoned." 5. We note that in the aforesaid case the Tribunal had answered this question by holding as under:- 25. In its order dt. 25th Feb., 2016, the Tribunal answered the questions (a) and (b) above in favour of the assessee after discussing the evidence. The Tribunal then turned to question (c) regarding the delay in filing the return in the context of ss. 80AC and s. 139(4) of the Act. In para 57 of the order the Tribunal concluded: "57. A bare perusal of this section makes it clear that the legislature itself has allowed the assessee to file return belatedly subject to fulfillment of conditions written in the said section. Therefore, once those conditions are met,....