TaxTMI 
TaxTMI 
2022 (3) TMI 960
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....cle - 2, Coimbatore for the Assessment Year 2013 - 2014 u/s.143(3) of the Income Tax Act, 1961 vide order dated 22.03.2016. 2. The only issue in this appeal of the Revenue is against the order of the Commissioner of Income Tax (Appeals) allowing the Assessee's claim of deduction made by filing a letter dated 17.09.2015 and not claimed in the original return of income. For this, the Revenue has raised the following effective grounds, as under: "2. The learned Commissioner of Income Tax (Appeals)-I Coimbatore has erred in allowing the Assessee's appeal when the Assessee had not claimed deduction in the original return filed but made a fresh claim by filing a letter dated 17.09.2015 and the due procedure for filing of Form 10CCB wa....
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....considered the claim u/s.80IA of the Act by observing in paragraph no.5.3, as under: "5.3. It is an admitted fact that the Assessee had not followed the due procedure while claiming the deduction u/s.80IA of the I.T. Act, 1961. From the Assessment Year 2013 - 2014 onwards, as per Section 80IA(7) of the Act, the Assessee who claimed deduction u/s.80IA of the Act should mandatorily file the return of income along with Form No.10CCB electronically, as per Rule 12(2) of the I.T. Rules, 1962 inserted with effect from 01.04.2013. Since, the Assessee company failed to follow the due procedure in the matter of filing of Form No.10CCB electronically and the very fact that the Assessee company themselves having accepted the same, and also ba....
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....aim was made belatedly, while pronouncing its judgement. Respectfully following the principles laid down by the Apex Court and the decision of the ITAT, Chennai Bench on similar facts and circumstances and in the interest of justice, it is directed that the Assessing Officer should entertain the claim of deduction u/s.80IA after due verification of the genuineness." 5. Aggrieved, the Revenue is now in appeal before the Tribunal. Before us, the learned senior Departmental Representative, Mr. G. Johnson argued that as per the plain reading of Section 80AC of the Act, any deduction claimed u/s.80IA of the Act should be made only by furnishing the return of income on or before the due date as specified u/s.139(1) of the Act. He explained tha....
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....ate specified under sub-section (1) of section 139." The learned Counsel for the Assessee stated that the pre-condition of Section 80C of the Act is furnished on the return of income of the Assessee on or before the due date specified under sub-section 1 of Section 139 of the Act. The learned Counsel for the Assessee relied upon the various decisions which are as under: [1] ACIT, Company Circle-I(2), Coimbatore Vs. M/s. Precot Meridian Limited, Coimbatore in ITA No.1214/Mds/2012 dated 29th April, 2013. [2] DCIT-5(2)(1), Mumbai Vs. M/s. JSW Infrastructure Limited, Mumbai in ITA No.3708 & 3709/Mum/2018 dated 08.11.2019. [3] DCIT 15(3) Vs. Kamdhenu Builders and Developers, Navi Mumbai in ITA No.7010/Mum/2010 dated....
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....he return filed u/s.139(1), the said claim is allowable. We further noted that the learned CIT(A) recorded categorical finding, in the light of the decision of ITAT Chennai Bench, in the case of ACIT Vs. Precot Meridian Limited (supra), where it was held that, once original return is filed u/s.139(1) within due date specified under the Act, then any deduction claimed in the revised return filed within due date specified u/s.139(5) shall be allowed. We further, noted that the learned CIT(A) had also taken a support from the decision of ITAT, Mumbai Bench, in the case of Kamadhenu Builders & Developers Vs. Additional CIT, where it was observed that section 80A(5) only requires filing of return, but nowhere it suggest that claim should be made....
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....s made by the Assessing Officer towards disallowances of deduction claimed u/s.80IA of the I.T.Act, 1961. We do not see any reasons to interfere in the order of the learned CIT(A) and hence, we are inclined to uphold the findings of the learned CIT(A) and reject the ground taken by the Revenue." 8. We have heard the rival contentions and gone through the facts and circumstances of the case. We have noted that the provisions of Section 80IA(5) only requires filing of return of income but nowhere it states that the claim should be made in the original return and not by way of original return. Further, when the original return was filed within the due date, then the revised return filed, thereafter, before the completion of assessment proce....