2026 (3) TMI 531

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.... order dated 11.02.2021 passed u/s. 143(3) r. w. sections 143(3A) & 143(3B) of the Act pertaining to Assessment Year 2018-19. 2. Brief facts of the case are that assessee has claimed deduction u/s. 80-IA of the Act of INR 5,62,48,491/- which was disallowed by the AO for the sole reason that the return of income was filed belatedly on 30.03.2019 though the same has to be filed upto 31.10.2018 in terms of the due date as per section 139(1) of the Act. Ld. CIT(A) confirmed the said disallowance and dismissed the appeal of the assessee. 3. Aggrieved by the order of Ld. CIT(A), assessee is in appeal before the Tribunal by taking following grounds of appeal:- 1. "That the Ld. CIT(A) has grossly erred on facts and in law in confirmi....

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....ifically bought to his notice to emphasise that if there are two interpretations, the assessee is entitled to the one benefitting to it. 8. That the Ld. CIT(A) has grossly erred on facts and in law in 8 ignoring the settled judicial principle that provisions intended for promoting economic growth have to be interpreted liberally. 9. That the Ld. CIT(A) has grossly erred on facts and in law in ignoring the case laws relied upon by the appellant. 10. That the appellant craves leave to add, alter, amend, OR withdraw any ground of appeal at the time of hearing." 4. At the outset, before us, Ld.AR for the assessee filed an application under Rule 29 of the Income Tax Appellate Tribunal Rules, along with additional ev....

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....th the orders are subsequent to the date of order of ld. CIT(A) therefore, the assessee could not filed them before the lower authorities. Looking to these facts, we admit the additional evidences filed by the assessee. 7. All the grounds of appeal taken by assessee are regarding denial of deduction u/s. 80-IA of the Act for the sole reason that return of income was filed beyond the due date prescribed u/s. 139(1) of the Act. It is further observed that the AO in para 2 at page 2 of the assessment order stated that replies filed by the assessee found to be correct however, since the return of income was filed after due date therefore, he disallowed the deduction u/s. 80-IA of the Act. It is further observed that it was not the first year....