Arvind Kumar Agarwal. v. ITO (2023) 201 ITD 247/224 TTJ 977 (Delhi) (Trib.)

S. 10AA : Special Economic Zones-Amendment in section 10AA(1) vide Finance Act, 2023 with effect from 1-4-2024-Exemption cannot be denied for not filing return of income within due date specified under section. 139(1) of the Act.[S.10AA(1), 139(1)]

Held that the amendment in section 10AA(1) vide Finance Act, 2023 with effect from 1-4-2024 inserting a condition for mandatory filing of return within due date specified under section 139(1) so as to avail exemption under section 10AA would come into effect from 1-4-2024. Therefore in absence of specific provision in A.Y. 2018-19, Assessing Officer cannot deny deduction under section 10AA for not filing return of income within due date specified under section 139(1). (AY. 2018-19)