Section 10AA deduction Cannot Be Denied for Late Return in Absence of Explicit Filing Requirement

Arvind Kumar Agarwal Vs ITO (ITAT Delhi)

Summary: The Income Tax Appellate Tribunal (ITAT) Delhi ruled in favor of the assessee, Arvind Kumar Agarwal, allowing a deduction under Section 10AA of the Income Tax Act, 1961, despite the delayed filing of the income tax return for Assessment Year 2018-19. The appeal challenged the decision of the Commissioner of Income Tax (Appeals) [CIT(A)], who had upheld the denial of the deduction on the ground that the return was not filed within the due date under Section 139(1). The ITAT examined whether the delayed filing barred

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