ITA Nos. 1717 to 1720/Hyd/2017 & ITA No.1722/Hyd/2017

Parties Involved

Facts Summary

The case involves an appeal by the assessee, M/s. SEW Infrastructure Limited, against the order of the Commissioner of Income Tax (Appeals) (CIT(A)) regarding the disallowance of a deduction claim under Section 80IA(4) of the Income Tax Act, 1961. The assessee had filed a return of income in response to a notice issued under Section 153A of the Act, following a search conducted under Section 132. The assessee claimed a deduction for the first time in this return, which was disallowed by the CIT(A). The assessee argued that the provisions of Section 153A allow for such a claim, while the revenue argued that such claims cannot be made in a return filed under Section 153A.…

Legal Issues

• 1. Whether an assessee can make a claim for deduction under Chapter VIA of Income Tax Act, 1961, for the first time, in the return of income filed in response to the notice issued u/s 153A of the Act, pursuant to a search conducted under section 132 of the Act?
• 2. If yes, under which circumstances?

Judgment Outcome

Decided in favour of Assessee.

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