ASR Engineering & Projects Limited Vs DCIT (ITAT Hyderabad)
The Hyderabad ITAT, in this case, ruled that to be eligible to make a claim under Section 80-IA or any other section of Chapter VIA, the assessee should have filed the return of income under Section 139(1). Crucially, it further held that even if the assessee did not make a claim for deduction in the original return and subsequently filed a revised return making such a claim, its claim for deduction under Section 80-IA was maintainable. This case reinforces the idea that the eligibility for deduction hinges on filing the return under Section 139(1) (or subsequently revised), but does not necessarily imply an automatic disallowance via a Section 143(1) intimation for minor delays, especially when the specific enabling provision for such an adjustment was not yet in force.
FULL TEXT OF THE ORDER OF ITAT HYDERABAD
All these appeals filed by the assessees and revenue are having common issues, therefore, these appeals were clubbed and heard together. For the sake of convenience, a consolidated order is passed.
ITA Nos. 1132 to 1136/Hyd/2017 for AYs 2007-08 to 2011-12 by assessee and 1382 to 1385/Hyd/2017 [against order u/s 143(3) rws 153A] & and 222 to 226/Hyd/2019 [against consequential order giving effect to CIT(A)’s order] for AYs 2009-10 to 2012-13 by the revenue.
