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ITAT empowered to allow deduction u/s 80IB (10) even if requirement u/s 80AC is not complied with, in case of conflict of opinions: HC
Case Law Details
- Case Name
- CIT Vs M/s Unitech Ltd. (Delhi High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Courts
- All High Courts, Delhi High Court
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Brief of the Case
Delhi High Court held In the case of CIT vs. M/s Unitech Ltd. that where there are conflicts of opinions of the various benches of the ITAT on the provision u/s 80AC of requirement of return filing before due date to claim deduction u/s 80IB (10), ITAT rightly allowed the deduction even the assessee filed his return of income after due date.
Facts of the Case
In the present case the Assessee filed its return of income for the on 2nd April 2009 claiming the benefit of deduction under Section 80IB (10). This was allowed by the AO while making assessment under Section 143(3) of...





