2024 (3) TMI 818

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.....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 such Form within the prescribed due date are to be satisfied a....

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....p 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 consecutive assessment years out of fifteen years beginning from the year in which the undertaking or the enterprise de....

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.... 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 Electrical (p) Ltd. {2009} 317 ITR 249(DEL) (iv) CIT V/s vs. ACE MULTITAXES SYSTEMS (P) LTD. {2009} 317 ITR 207 (Karnataka), (v) CIT Vs. G.M. Knitting Industries (p) Ltd. {2015} 376 ITR 456(S.C) (vi) CIT V/s M/S Fo....

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....he 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 the assessee and there was absolute non-application of mind by the Ld. CIT(A) while allowing the appeal of the assessee. It was submitted that the Ld. CIT(A) did not make any observations regarding the eligibility of claim of the assessee under Section 80IA of the Act and nor did t....

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.... 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 material on record. However, on going through the contents of the order passed by the Ld. CIT(A) we observe that the order passed by Ld. CIT(A) is a non-speaking order in which the Ld. CIT(A) has not analyzed the relevant judicial precedents on the subject as applicable to the assessee's ....