2025 (7) TMI 1152 - AT - Income Tax

ITAT sets aside denial of Section 80IA deduction due to overlooked timely return filing

Shankarlal Kundanmal Parik Versus DCIT, Circle-1, Kolhapur.

ITAT Pune set aside the order of Addl./JCIT(A), Faridabad that had confirmed CPC's disallowance of deduction u/s 80IA. The case arose when neither CPC nor ... Disallowing claim of deduction u/s 80IA in the intimation passed u/s 143(1)(a) - filing of original return of income well within time as prescribed u/s 139(1) of the IT Act was not acknowledged either by CPC or by Ld. Addl./JCIT(A), Faridabad which resulted in denial of deduction u/s 80IA - HELD THAT:- We take into consideration the argument advanced by Ld. DR that the fact of filing of original income tax return well within time was not brought to the knowledge of Ld. Addl./JCIT(A), Faridabad which compelled him to confirm the intimation order passed by CPC wherein deduction u/s 80IA was disallowed. Under these circumstances, we deem it appropriate to set-aside the order passed by Ld. Addl./JCIT(A), Faridabad and remand the matter back to him with a direction to decide the appeal afresh and as per fact & law in the light of fact of filing of original return of income within time limit prescribed u/s 139(1) of the IT Act. He may, if feel necessary, call for a remand report from the Jurisdictional Assessing Officer regarding the filing of the original return and the revised return. Accordingly, the grounds of appeal raised by the assessee are allowed for statistical purpose. ISSUES: Whether the claim of deduction under Section 80IA of the Income Tax Act, 1961, can be disallowed on the ground that the return of income was filed belatedly, despite the filing of an original return within the prescribed time.Whether the Assessing Officer erred in not computing the alternative minimum tax as per the provisions of law.Whether the appellate authority erred in confirming the disallowance of deduction under Section 80IA without acknowledging the timely filing of the original return. RULINGS / HOLDINGS: The Court held that the denial of deduction under Section 80IA was premised on the assumption that the return of income was filed late; however, the assessee furnished an original return within the due date prescribed under Section 139(1) of the Act, and therefore, the condition of timely filing for claiming deduction under Section 80IA was fulfilled.The Court found that the Assessing Officer and the appellate authority failed to consider the original return filed on time and treated the revised return as the original return, leading to wrongful disallowance of the deduction under Section 80IA.The Court did not decide the issue relating to alternative minimum tax computation but remanded the matter for fresh consideration in light of the correct facts regarding the original return filing.The Court set aside the appellate order and remanded the matter to the appellate authority with directions to decide afresh considering the fact of timely filing of the original return and to call for a remand report if necessary. RATIONALE: The legal framework revolves around Section 80IA of the Income Tax Act, 1961, which grants deduction subject to conditions including timely filing of the return under Section 139(1), and Rule 18BBB requiring filing of Form-10CCB before the due date of filing the return.The Court emphasized the importance of acknowledging the original return filed within the due date (20.10.2022) as per Section 139(1), rejecting the CPC's and appellate authority's approach of treating the revised return (13.12.2022) as the original return.The decision reflects adherence to statutory timelines for return filing as a condition precedent for claiming deductions under Chapter VI-A, specifically Section 80IA.The Court recognized the procedural lapse in the appellate process where the timely filing of the original return was not brought to the appellate authority's attention, justifying remand for fresh adjudication.No doctrinal shift or dissent was noted; the ruling follows established principles regarding the interplay between return filing timelines and eligibility for deductions.