The Commissioner of Income-tax, Chennai v. RR Donnelley India Outsources Pvt. Ltd
|The Commissioner of Income-tax, Chennai
|RR Donnelley India Outsources Pvt. Ltd.
|HIGH COURT OF MADRAS
|Date of Order
|benefit of deduction • claim of deduction • grant of benefit • return of income • reopening of assessment
|Thereafter, the assessee filed revised return on 27.02.2007 declaring income of Rs.80,22,796/- and assessment was completed under Section 143(3) on 09.12.2009 determining the income of the assessee as Rs.2,89,97,211/- after allowing deduction under Section 10B of the Act amounting to Rs.3,47,26,748/-. 252 of 2018 deduction under Section 10B of the Act and therefore, reopened the assessment under Section 147 of the Act by issuing notice under Section 148 on 26.03.2013. Thereafter, the assessment was completed under Section 143(3) rws 147 of the Act on 26.03.2014 by making additions withdrawing the benefit of Section 10B of the Act. On appeal, the assessment order was confirmed by the Commissioner of Income Tax against which the assessee approached the Income Tax Appellate Tribunal by way of appeal. 4.Noting that no other ground was urged except asking for the prayer to consider the alternate remedy under Section 10A of the Act which says that if the assessee is not eligible for deduction under Section 10B of the Act then, deduction should be considered under Section 10A of the Act alternatively. The Tribunal remanded the matter to the Assessing Officer to consider as to whether the assesse is eligible for grant of benefit of deduction under Section 10A of the Act. When the matter is called today, the learned Counsel for the appellant as well as the learned Counsel for the respondent produced the order copy dated 26.07.2019 passed by the Tribunal in the original appeal by which the appeal itself has been disposed of holding that the claim of deduction under Section 10A for the assessment year 2006-07 is already remitted back.