M/s Royal Garden, Una V. ITO, Una

ITA 524/CHANDI/2017

• Counselvise Citation: [2018] 125 COUNSELVISE.COM (IT) 7495 (ITAT-CHANDIGARH)
• Duration Of Justice: 1 year(s) 3 month(s) 19 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 11-07-2018
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: SMC
• Assessment Year: 2012-2013
• Appeal Filed On: 22-03-2017
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Keywords: Non compliance

Judgement Text

ITA NO.524-CHD/2017- M./S ROYAL GARDEN, UNA 2 3. THAT ON THE FACTS OF THE CASE AND UNDER THE LAW THE FIGURE OF TOTAL INCOME SHOULD HAD BEEN ADOPTED AT RS. 1,87,7 10./- INSTEAD OF RS. 20,14,950/-. 4. THAT THE INCOME TAX LIABILITY WORKED OUT AT RS. 6,2 2,620/- AND INTEREST LIABILITY WORKED OUT AT RS. 95,698/- A RE ARBITRARY AND EXCESSIVE. 3. THE SOLE ISSUE RAISED IN THIS APPEAL IS RELATIN G TO THE NON- ALLOWANCE OF DEDUCTION U/S 80IC OF THE INCOME-TAX A CT, 1961 (IN SHORT 'THE ACT') BECAUSE OF THE NON COMPLIANCE OF T HE PROVISIONS OF SECTION 80AC OF THE ACT AS THE RETURN FOR THE ASSE SSMENT YEAR UNDER CONSIDERATION WAS FILED BEYOND THE LAST DATE OF FIL ING OF THE INCOME TAX RETURN. 4. WE HAVE HEARD THE RIVAL SUBMISSIONS OF THE PARTI ES. THE PLEA OF THE LD. COUNSEL FOR THE ASSESSEE IS THAT IN FACT TH ERE WAS NO DELIBERATE ACT OF DELAY ON THE PART OF THE ASSESSEE IN FILING THE RETURN LATE. THAT THE SAID RETURN HAS TO BE UPLOADED ON TH E WEBSITE OF THE INCOME TAX DEPARTMENT. THAT DUE TO SOME TECHNICAL E RROR AND CONNECTIVITY ISSUE, THE RETURN COULD NOT BE UPLOADE D ON 30.9.2012 I.E. THE LAST DATE OF FILING OF RETURN U/S 139(1) OF THE ACT. THE CONCERNED C.A. OF THE ASSESSEE WAS ABLE TO UPLOAD THE SAME ON LY ON 3.10.2012. THE LD. AR HAS ALSO RELIED ON THE DECISION OF THE C OORDINATE BENCH OF THE TRIBUNAL IN THE CASE OF M/S SYMBIOSIA PHARM ACEUTICALS P. LTD VS. DCIT ITA NO. 501/CHD/2017 VIDE ORDER DATED 4.1 0.2017, WHEREIN, THE TRIBUNAL HAS DISCUSSED THIS ISSUE IN P ARA 6.3 ONWARDS. IN THAT CASE, THE TRIBUNAL DELIBERATED UPON THE REA SONS BEYOND THE CONTROL OF THE ASSESSEE IN FILING THE RETURN BY DUE DATE OF FILING AS PROVIDED U/S 139(1) OF THE ACT. THE FACTS OF THE CA SE WERE THAT THE ITA NO.524-CHD/2017- M./S ROYAL GARDEN, UNA 4 REASONS IS NOT JUSTIFIED. IN VIEW OF THIS, WE ALLOW THE APPEAL OF THE ASSESSEE. ORDER PRONOUNCED IN THE OPEN COURT ON 11.07.2018 SD/- SD/- (ANNAPURNA GUPTA) (SANJAY GARG) ACCOUNTANT MEMBER JUDICIAL MEMBER DATED : 11.07.2018 RKK COPY TO: THE APPELLANT THE RESPONDENT THE CIT THE CIT(A) THE DR