Opto Circuits (India) Ltd. v. ACIT (2022) 219 DTR 177 / 220 TTJ 649 (Bang)(Trib)

S. 10AA : Special Economic Zones-Section 10AA does not mandate filing of return of income within specified due date as one of condition precedent for claiming exemption under said section-Matter remanded. [S. 80AC, 139(1), 139(4)]

Allowing the appeal of the assessee the Tribunal held that section 10AA of the I. T. Act has not mandated filing of return of income within the specified due date u/s 139(1) of the I. T. Act as one of the conditions precedent for claiming the deduction. The conditions to be fulfilled in order to claim the exemption are stipulated in sub-section (2) of section 10AA of the I.T. Act. Further, sub-section (4) has stipulated the conditions which ought not to be violated in order that an undertaking is not disentitled from claiming the exemption under the section. Tribunal further observed that it is not the case of the Revenue for disallowing the claim u/s 10AA of the I.T. Act that the assessee has not fulfilled or violated any of the conditions mentioned in sub-sections (2) and (4) of section 10AA of the I.T. Act. Matter was remanded back to Assessing Officer to examine whether assessee had complied with conditions mandated under section 10AA and correctly computed claim. (AY. 2013-14)