TaxTMI 
TaxTMI 
2024 (3) TMI 818
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....22-23/1044360120(1), vide order dated 30.07.2022 passed for Assessment Year 2019-20. 2. The Department has raised the following grounds of appeal:- "1. The Ld. CIT(A) has erred in law and on facts in deleting the disallowance of Rs. 6,74,36,587/- u/s 80IA of the Act holding that filing of Form 10CCB within the specified date as provided in section 80IA(7) of the act is not mandatory but directory in nature without appreciating the words employed in section 80IA(7) of the Act in right perspective? 2. The Ld. CIT(A) has erred in law and on facts in not giving due cognizance to the clear and unambiguous provision of section 80IA (7) of the Act which provides that both the conditions i.e. filing of Form 10CCB and filing suc....
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....orm No. 3CA/3CD dated 29.07.2019/07.08.2019 of C.A. Shri.Rajnikant Vallabhbhai Pragyada, Membership No. 118132 of Jamnagar, the deduction allowable u/s 80 IA of Rs. 6,74,36,587/- is mentioned in s.no.33. 5.2.2. As per the electronically uploaded Form No. 10 CCB dated 07.01.2020 of C.A. Shri.Rajnikant Vallabhbhai Pragyada, Membership No. 118132 of Jamnagar, the deduction allowable u/s 80 IA of Rs. 6,74,36,587/- is mentioned. 5.2.3. In the electronically uploaded ITR 6 dated 30.09.2019 also, the deduction allowable u/s 80 IA of Rs. 6,74,36,587/- is mentioned in sch VI A. 5.3. As per the provisions of Sec. 80 IA (2), the deduction specified in sub section (1)may, at the option of the assessee, be claimed for any ten ....
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....deduction claimed u/s 80 IA of Rs. 1,46,92,672/- is mentioned. 5.4.8. In the electronically uploaded ITR 6 dated 31.10.2017 for A.Y.2017- 18, the deduction claimed u/s 80 IA of Rs. 34,18,169/- is mentioned. 5.4.9. In the electronically uploaded ITR 6 dated 17.10.2018 for A.Y.2018- 19, the deduction claimed u/s 80 IA of Rs. 2,90,23,866/- is mentioned. 5.5. In response to the hearing notice issued on 22.06.2022, the appellant uploaded reply on 24.06.2022, wherein besides statement of facts, the appellant has relied on the following cases (i) Collector Land Acquisition Vs. MST Katiji '1987 law Suit (S.C) 214 (S.C) (ii) CIT vs Jayant Patel(2001 248 ITR 199) (Mad) (iii) CIT Vs Centimeters Ele....
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.... relied on, the details available in the three agreements between Gujarat Maritime Board & Shreeji Shipping services (India) limited ,it is hereby held that there is no merit in the disallowance of Rs. 6,74,36,587/- made in the order u/s 143(1) dated 03.06.2020 passed by the ADIT,CPC, Bangalore and the same is hereby DELETED. 5.9. In result, the appeal is ALLOWED." 5. The Department is in appeal before us against the aforesaid order passed by Ld. CIT(A) allowing the claim of deduction under Section 80IA of the Act. Before us, the Ld. D.R. submitted that from perusal of Para 5.8, Page 8 of the CIT(Appeals) order, it is evident that the Ld. CIT(A) while allowing the claim of the assessee simply relied upon the submissions made by ....
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..... Further, the Counsel for the assessee relied on several decisions by ITAT Ahmedabad which have distinguished the Wipro judgment supra on facts and submitted that the above decision rendered by the ITAT Ahmedabad Bench are squarely applicable on the assessee's set of facts. Further, the Counsel for the assessee submitted that Assessment Year 2010-11 was the first year of claim of deduction under Section 80IA of the Act and the said claim has been allowed by the jurisdictional Assessing Officer under Section 143(3) of the Act vide order dated 02.07.2012. Accordingly, the Counsel for the assessee submitted that it is a fit case for grant of deduction under Section 80IA of the Act. 7. We have heard the rival contentions and perused the mat....