Deductions couldn't be denied if assessee submitted manual return instead of E filing

Deductions couldn't be denied if assessee submitted manual return, though e-filing was mandatory for him

IN THE ITAT CHENNAI BENCH 'B'

Deputy Commissioner of Income-tax

v.

Sucram Pharmaceuticals*

DR. O.K. NARAYANAN, VICE-PRESIDENT
AND VIKAS AWASTHY, JUDICIAL MEMBER

IT APPEAL NOS. 804 & 808 (MDS.) OF 2014
[ASSESSMENT YEARS 2010-11 & 2011-12]

AUGUST  18, 2014 

Section 80-IC, read with section 80AC, of the Income-tax Act, 1961 - Deductions - Special provisions in respect of certain undertakings or enterprises in certain special category States (Filing of return) - Assessment year 2010-11 - Assessee-company was engaged in business of manufacturing of drugs and medicines - During relevant year, assessee claimed deduction under section 80-IC - Assessing Officer held that since assessee had failed to file return of income in electronic mode within due date, assessee was not eligible to claim deduction under section 80-IC - Assessee submitted that it had filed return of income manually within due date and since electronic filing of return was made mandatory from assessment year 2010-11 and its accountants were not aware that return had to filed in e-mode, as soon as it came to knowledge of accountants, return was furnished in e-mode - Whether since a manual return was furnished before due date while electronic return after due date, provision of section 80-IC so as to claim deduction under section 80-IC was complied with and assessee was entitled to claim deduction - Held, yes [Para 9] [In favour of assessee/Matter remanded]