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Section 80IB deduction cannot be allowed if not claimed by assessee in return filed by him
Case Law Details
- Case Name
- EBR Enterprises & Anr. Vs Union of India and Anr. (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2008-09
- Courts
- All High Courts, Bombay High Court
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EBR Enterprises Vs Union of India (Bombay High Court)
Sub Section (5) of Section 80A of the Act mandates is that, if the assessee fails to make a claim in his return of income for any deduction under the provisions specified therein, the same would not be granted to the assessee. This condition or restriction is not relatable to the Assessing Officer or the Income Tax Authority. This condition attaches to the claim of the assessee and has to be implemented by the Assessing Officer, CIT or the Appellate Tribunal as the case may be. There is no indication in Sub Section (5) of S...
