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Case Law Details

Case Name : Pr. CIT Vs. Vijay Infrastructure Ltd. (Allahabad High Court)
Appeal Number : Income Tax Appeal No. 29 of 2016
Date of Judgement/Order : 12/07/2017
Related Assessment Year : 2009-10
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Pr. CIT Vs. Vijay Infrastructure Ltd. (Allahabad High Court)

Since the time limit for filing the revised return had not expired during the relevant year, therefore, claim for deduction under section 80-IA if not made earlier could have been made in the revised return. Once it could have been claimed in the revised return under section 139(1), the same could have also been claimed under section 153A. Contention of revenue that return under section 153A was a original return and not a revised return was misplaced because deduction under section 80-IA, if otherwise admissible, could be claimed in both ways.

FULL TEXT OF THE HIGH COURT ORDER / JUDGMENT

1. Heard Sri Manish Misra, learned counsel for appellant and Sri Desh Deepak Chopra, learned counsel for respondent assesses.

2. This is an appeal under Section 260A of Income Tax Act, 1961 (hereinafter referred to as ” Act 1961″) arising from judgment and order dated 30.10.2015 passed in ITA No. 38//LKW/2015 relating to assessment year 2009-10.

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