TaxTMI 
TaxTMI 
2023 (4) TMI 287
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....for want of Audit Report in Form No. 1 0CCB while processing the return of Income for issuing intimation order dated 09.03.2019 without appreciating the fact that Audit Report under Section 1 0CCB dated 10.09.2017 could not be uploaded due to technical and Server issues. 3. Both DCIT,CPC, Bangalore and CIT (Appeals) NFAC, Delhi failed to appreciate the fact that fresh Form No.1 0CCB has been filed electronically under acknowledgement No.620738141180518 on 18.05.2018 and is very much on record. 4. Both the DCIT,CPC, Bangalore and CIT (Appeals) NFAC, Delhi, erred in not considering the response filed by your Appellant on 18.05.2018 in response to Notice u/s 143(2)(a) electronically issued on 10.05.2018 enclosing Form 10CCB. 5. CIT (Appeals) NFAC, Delhi failed to appreciate the fact that, proper claim has been made in the return of Income under Chapter VIA deductions in Page No. 17 - PARA 12(b) and as well as in Audit report u/s 44AB dated 10.09.2017 filed electronically on 10.09.2017 (Form No. 3CD- Para 33) - 6. The CIT (Appeals) NFAC failed to appreciate the fact that the limited scope of processing the return u/s 143( 1) of the Act was completely....
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....the Income-tax Act, 1961 (hereinafter referred to as "the Act") amounting to Rs. 58,15,804/-. The appellant had also filed tax audit report as required u/s. 44AB of the Act in Form no. 3CB & 3CD on 24.10.2017. However, the report of an Accountant as required u/s. 80IA of the Act, in form no. 10CCB has been electronically filed on 18.05.2018. The return of income filed by the assessee has been processed by the AO, CPC, Bengaluru and issued intimation u/s. 143(1) of the Act on 09.03.2019 and determined total income of Rs. 1,22,86,520/-, by disallowing deduction claimed u/s. 80IA of the Act, for the reason that the assessee did not file Form No. 10CCB along with return of income filed for the relevant assessment year. 4. The assessee carried the matter in appeal before the first appellant authority and argued that when the return of income has been filed on or before due date prescribed u/s. 139(1) of the Act, then merely for non-filing of Form no. 10CCB along with return of income, deduction claimed u/s. 80IA of the Act cannot be denied. The ld. CIT(A), after considering relevant submissions of the assessee and also taken note of certain judicial precedents, including the decision....
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....018, which is much before the AO issued intimation u/s. 143(1) of the Act on 09.03.2019. In other words, the audit report in Form no. 10CCB was made available to the AO before he completes the assessment u/s. 143(1) of the Act. From the above, it is very clear that although, the assessee did not file Form no. 10CCB, along with return of income on or before due date prescribed u/s. 139(1) of the Act, but said audit report was made available to the Assessing Officer before he completes the assessment u/s. 143(1) of the Act. Therefore, we are of the considered view that the AO ought to have considered audit report filed by the assessee in Form no. 10CCB and allow deduction claimed u/s. 80IA of the Act. This legal proposition is supported by the decision of Hon'ble Supreme Court in the case of CIT vs GM Knitting Industries Pvt Ltd., [2015] 376 ITR 456 (SC), where it has been clearly held that even though necessary certificate in Form no. 10CCB along with return of income had not been filed, but same was filed before the final order of assessment was made, the assessee was entitled to claim deduction u/s. 80IA of the Act. A similar issue had been considered by the Hon'ble Madras High Co....
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.... : Where in computing the total income of an Assessee of the previous year relevant to the Assessment Year commencing on the 1st day of April, 2006 or any subsequent assessment year; any deduction is admissible under section 80/A or section 80/AB or section 8018 or section 80/C (or section BOID or section BOIE), no such deduction shall be allowed to him unless he furnishes a return of his income for such assessment year on or before the due date specified under sub-section (1) of section 139." The learned Counsel for the Assessee stated that the precondition 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 27.01.2016. [4] ACIT vs. ....
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....nt proceedings is to be considered by the Assessing Officer, because the Act has been given opportunity to the Assessee to file revised return u/s.139(4) for removal of any defect or any omissions in the original return and that if both the returns were filed within time limit prescribed under the law, then conditions prescribed u/s.80/B(1)) of the I.T.Act, 1961 are fulfilled. In this case, the Assessee has filed a return u/s.139(1) within due date specified date, but the claim for deduction u/s. 80/A, in respect of second unit was not made, however a revised return was filed u/s. 139(5) within due date specified under the Act and made additional claim for deduction, in respect of second unit. When original return was filed within due date specified u/s.139(1), then any revised return filed within the due date specified u/s. 139(5) to rectify any mistakes or omissions or wrong statements made in the return already filed u/s.139(1), then the revised return takes, the nature of the original return filed within due date specified u/s.139(1) and consequently, the Assessee fulfills the conditions prescribed u/s.80AC of the Act, in order to be eligible for deduction u/s.80lA of the I. T.....