2024 (12) TMI 424

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....sment Year 2018-19 and filed Form 10CCB to claim the deduction under section 80IC of the Income-tax Act, 1961 (for short 'the Act') only on 05.11.2018. Subsequently, the assessee revised its return of income and the assessment under section 143(1) of the Act was completed on the basis of revised return of income without allowing the deduction u/s 80IC of the Act for delayed submission of Form 10CCB. 3. Aggrieved with the above order, assessee preferred an appeal before the ld. CIT(A) and ld. CIT (A), after considering the detailed submissions of the assessee and various case laws relied upon by the assessee, dismissed the appeal filed by the assessee by relying on the decision of the coordinate Bench of the ITAT in the case of Pradeep Ku....

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....he decision of Hon'ble Delhi High Court in the case of CIT vs. Contimeters Electrical (P) Ltd. (2009) 178 taxman 422 (Delhi). He further relied on the decision of ITAT, Mumbai in the case of Atlantics Bio Medicals Pvt. Ltd. in ITA No.117/Mum/2022 for AY 2017-18 dated 25.08.2022. 6. On the other hand, ld. DR for the Revenue objected to the submissions of the ld. AR for the assessee and submitted that procedure laid down in the Rules has to be followed. In case of contravention to the well laid down Rules, the assessee cannot get the benefits. In this regard, he relied on the decision of PCIT vs. Wipro Ltd. (2022) 446 ITR 1 (SC) dated 11.07.2022. 7. In the rejoinder, ld. AR for the assessee submitted that the decision relied on by the l....

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....onsidered the exact similar case which is on record and allowed the claim by observing as under :- "7. We have heard the rival submissions and perused the material available on record. The issue in the present ground is about the denial of claim of deduction u/s 80IC of the Act by AO but allowing the claim of the assessee by CIT(A). The only reason for denying the claim of deduction u / s 80IC of the Act by AO was that the Form 10CCS was uploaded by the assessee on the website of the Income-tax Department on 10.11.20 17 whereas the return of income was filed on 24.10.2017 and the return of income was processed u/s 143(1) of the Act on 30.10.2018. We find that CIT(A) while deciding the issue in favour of the assessee has given the f....