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Sec. 10B of Income Tax Act, 1961— Claim for deduction— Assessment proceedings for the assessment year 2005-06. The assessee filed income tax returns for this assessment year and revised returns respectively. However, it is the case of the assessee that the assessee inadvertently omitted to make claim for deduction under Section 10B of the Income Tax Act, 1961 (IT Act) in respect of two 100% of Export Oriented Undertakings referred to as “Cudnem Unit” and the “GadiaSodo – Codli Unit”, which according to them, was eligible for deduction under Section 10B of the IT Act. The assessee, during the assessment proceedings, filed letters dated 22.10.2008 and 01.12.2008, claiming for deduction under Section 10B of the IT Act in respect of the aforesaid units. The Assessing Officer refused to consider this claim for deduction, on the ground that such claim was not raised by filing the revised returns.
The assessee appealed to the Commissioner of Income Tax (Appeals), The Commissioner of Income Tax (Appeals) after affording an opportunity of hearing to the parties, upheld the order made by the Assessing Officer. The appellant-assessee, then, appealed to the Income Tax Appellate Tribunal (ITAT), which too, upheld the order of the Appellate Authority
The court restore the appellant-assessee's Appeal bearin to the file of the Commissioner of Income Tax (Appeals) for fresh adjudication on the issue of deductions under Section 10B of the IT Act, in accordance with law and on its own merits.--- SESA GOA LIMITED vs. Addi. CIT.  23 ITCD Online 6 (BOM)