Tax laws
This query is : Resolved
10 June 2013
hi sir, as per section 80IB of income tax act an assessee who has not claimed deduction in the initial years can he claim deduction for the remaing years if stipulated conditions are fulfilled
12 June 2013
Dear Nitesh,
The answer to your question is in Affirmative. Kindly refer the following as held in Praveen Soni v/s. CIT (2011) 333 ITR 324 (Delhi):
the Delhi High Court held that the provisions of section 80-IB nowhere stipulated a condition that the claim for deduction under this section had to be made from the first year of qualification of deduction failing which the claim will not be allowed in the remaining years of eligibility. Therefore, the deduction under section 80-IB should be allowed to the assessee for the remaining years up to the period for which his entitlement would accrue, provided the conditions mentioned under section 80-IB are fulfilled.
The answer to your question is in Affirmative. Kindly refer the following as held in Praveen Soni v/s. CIT (2011) 333 ITR 324 (Delhi):
the Delhi High Court held that the provisions of section 80-IB nowhere stipulated a condition that the claim for deduction under this section had to be made from the first year of qualification of deduction failing which the claim will not be allowed in the remaining years of eligibility. Therefore, the deduction under section 80-IB should be allowed to the assessee for the remaining years up to the period for which his entitlement would accrue, provided the conditions mentioned under section 80-IB are fulfilled.
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