The Commissioner Of Income Tax v. Shri.y.m.desai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTIONINCOME TAX APPEAL NO.328 OF 2006 The Commissioner of Income Tax,..AppellantVs.Shri.Y.M.Desai..Respondent Mr.R.Ashokan for the Appellant.Dr.P.Danial with Mr.V.S.Hadade for the Respondent. CORAM :- DR.S.RADHAKRISHNAN &V.C.DAGA, JJ.DATE : 11TH DECEMBER, 2008 P.C. 1.Heard the learned Counsel for the parties. Bythe above Appeal, the Appellant is seeking to raisethe following substantial question of law:a. Whether on the facts and in thecircumstances of the case and in law, theHon’ble Tribunal is correct in confirming theorder of CIT(A) and directing the deductionunder Section 80-I as claimed by the Assesseewhich was claimed belatedly and beyond thetime limit for filing the revised return asper Section 139(5) of the Act.2.We have perused the original Assessment Orderdated 19th March, 1993 passed by the Assessing Officeras well as the order dated 28th August, 2002 passed bythe Income Tax Appellate Tribunal. In the originalAssessment Order, the Assessing Officer has clearlyheld that the Assesee was entitled to claim deductionunder Section 80I. However, the same was rejectedonly on the ground that the time limit for filing therevised return had expired on 31st March, 1992, as perSection 139(5) of the Income Tax Act. The the deduction under Section 80I, as the revised return was filed before the Assessment Order was passed. question of law involved in the above Appeal. Hence, the Appeal stands dismissed. (V.C.DAGA,J.) (DR.S.RADHAKRISHNAN,J.)