Can an assessee not claiming deduction under section 80-IB in the initial years claim the said deduction for the remaining years during the period of eligibility, if the conditions are satisfied?

Praveen Soni Vs Commissioner Of Income Tax (Delhi HC)- On the above issue, the Delhi High Court held that the provisions of section 80-IB nowhere stipulated a condition that the claim for deduction under this section had to be made from the first year of qualification of deduction failing which the claim will not be allowed in the remaining years of eligibility. Therefore, the deduction under section 80-IB should be allowed to the assessee for the remaining years up to the period for which his entitlement would accrue, provided the conditions mentioned under section 80-IB are fulfilled.

HIGH COURT OF DELHI

ITA No. 1145 of 2009

DECISION DELIVERED ON: MARCH 29, 2011

PRAVEEN SONI

Please become a Premium member. If you are already a Premium member, login here to access the full content.