S. Muralidhar, J.

1. The Petitioner, M/s Fiberfill Engineers, has filed this petition under Article 226 of the Constitution of India challenging an order dated 17th March, 2015 passed by the Respondent/Deputy Commissioner of Income Tax [hereafter the Assessing Officer (‘AO’)] under Section 147 of the Income Tax Act, 1961 (‘Act’) for Assessment Year (‘AY’) 2011-12.

Background facts

2. The background to the present petition is that the Petitioner is a partnership firm engaged in the business of execution of works contracts and manufacture of various kinds of signages/sign boards/panels and their components, various kinds of MS/SS/Sheet Metal fabricated structures and frames, Aluminium structures, Canopy/Building fascia and cladding components and panels etc. It has a manufacturing unit set-up at Sitarganj, District Uddham Singh Nagar, Uttarakhand. It is stated that the profits from the said unit are eligible for 100% deduction under Section 80IC of the Act from AY 2010-11.

3. The Petitioner states that for the AY in question, the return in terms of Section 139 (1) of the Act ought to have been filed by it by 30th September, 2011. However, the return was filed with a delay of 46 da