TaxTMI 
TaxTMI 
2022 (12) TMI 504
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....oner of Income tax (Appeals) [CIT(A)]'s order upholding CPC's: i) adjustments' u/s 143(1)(a)(ii) by way of: a. denial of deduction u/s 80JJAA, Rs.176543, ii) Consequent levy of tax & cess; iii) Levy of interest u/s 234B and iv) Computation of interest u/s 234C for 2018-19 a/y on the following grounds: 1. The CIT(A) erred in not deciding the illegality of the 'adjustment' (denial of deduction u/s 80JJAA of Rs.176543) made to the Total income, in CPC's impugned intimation u/s 143(1 ). 2.1 The CIT(A) failed to appreciate that the 'adjustment' (denial of deduction u/s 80JJAA of Rs.176543) could not have been made u/s 143(1)a)(ii), as it is neither an "incorrect 'CLAIM', nor, an 'incorrec....
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....uction without appreciating that if exemption for a specified number of years is granted on satisfaction of conditions in the 1st year - then exemption CANNOT be denied for subsequent years without withdrawing the exemption for 1st year, as held in: CIT vs Western outdoor interactive pvt ltd - 349 ITR 309 BOM CIT vs Arts & crafts exports 246 ctr 463 (Born) CIT vs Macbrout engineering pvt ltd 232 Taxman 406(Bom) CIT vs Tata communications internet services ltd 204 Taxman 606 (Del) - SLP dismissed 282 Taxman 462 (SC) CIT vs Paul bros 216 ITR 548 (Born) Direct information (p) ltd vs ITO 203 Taxman 70 (Born) 3.4 The learned CIT(A) erred in not allowing the deduction u/s 80JJAA as directed in the DIRECT & binding decision of the Ma....
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....9.2018 declaring total income of Rs. 7,08,50,544/-. The assessee has claimed deduction u/s.80JJAA of the Income Tax Act, 1961 (hereafter referred to as "the Act"), for Rs.1,76,543/- for employing new employees and such deduction has been claimed for the first time for the assessment year 2017-18. The ADIT, CPC, has completed assessment u/s.143(1) of the Act and determined total income of Rs. 7,65,56514/- and rejected deduction claimed u/s.80JJAA of the Act, on the ground that the assessee has not filed audit report, as required under the provisions of section 44AB of the Act, in Form No.10DA. The assessee challenged the matter in appeal before the first appellate authority, but could not succeed. The learned CIT(A) for the reasons stated in....
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.... material available on record and gone through orders of the authorities below. The Assessing Officer has made adjustment of total income computed in the intimation received u/s.143(1) of the Act, towards deduction claimed u/s.80JJAA of the Act, in respect of employment of new employees on the ground that the assessee has not satisfied conditions prescribed therein, including filing of audit report in Form 10DA. It was explanation of the assessee before the learned CIT(A) that only prima-facie mistakes in computation of income can be adjusted in intimation received u/s.143(1), but not on the issues which need discussion and deliberation, including verification of documents. It is well settled principle of law by the decisions of various Cou....