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Assessee wins appeal for late Form 10CCB, secures deduction under 80IA The appeal filed by the assessee against the initial order with a mistake was dismissed as infructuous. The disallowance of deduction under section 80IA ...
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Assessee wins appeal for late Form 10CCB, secures deduction under 80IA
The appeal filed by the assessee against the initial order with a mistake was dismissed as infructuous. The disallowance of deduction under section 80IA for non-filing of Form 10CCB was overturned by the Appellate Tribunal, allowing the assessee to claim the deduction despite the late submission of the necessary certificate. The Tribunal directed the Assessing Officer to permit the deduction under section 80IA, resulting in the dismissal of one appeal and the allowance of another.
Issues: 1. Dismissal of appeal due to mistake in appellate order. 2. Disallowance of deduction under section 80IA for non-filing of Form 10CCB.
Issue 1: Dismissal of Appeal In the first issue, the Appellate Tribunal addressed the dismissal of the appeal filed by the assessee against the order of the ld. Commissioner of Income Tax (Appeals) dated 31.08.2020. The ld. CIT(A) had passed an appellate order under section 250 of the Income Tax Act, 1961, which had not been digitally signed. Subsequently, the mistake was rectified by the ld. CIT(A) under section 154 of the Act. As the appeal was filed against the initial order that had the mistake, it was considered infructuous and liable to be dismissed. Therefore, the appeal filed by the assessee was dismissed.
Issue 2: Disallowance of Deduction under Section 80IA The second issue revolved around the disallowance of a deduction under section 80IA for non-filing of Form 10CCB. The assessee had filed the return of income for the assessment year 2017-18, but the CPC, Bengaluru disallowed the claim of deduction under section 80IA amounting to a specific sum due to non-filing of Form 10CCB along with the return of income. The ld. CIT(A) confirmed this disallowance, stating that the claim was incorrect as the form was not filed within the due date. The Appellate Tribunal, after considering the submissions from both sides, observed that the audit report in Form 10CCB was filed before the final assessment order was made. Citing relevant case law, the Tribunal held that the assessee was entitled to claim the deduction under section 80IA despite the timing of filing the necessary certificate. Consequently, the Tribunal set aside the orders of the authorities below and directed the Assessing Officer to allow the claim of deduction under section 80IA. As a result, the appeal in I.T.A. No. 883/Chny/2020 was dismissed, while I.T.A. No. 865/Chny/2020 was allowed.
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