TaxTMI 
TaxTMI 
TaxTMI 
2025 (6) TMI 489
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.... 1961. 4 (i) The learned CIT (Appeal) was not justified in confirming the disallowance in respect of belated payment of Rs. 2,749/- and Rs. 4,059/- related to Provident Fund. (ii) There was sufficient cause of lockdown which prevented the humble appellant the deposits of required amount in time. (iii) That in the light of Supreme Court's circular any delay for any filing or to comply with the statutory obligation in between the period April, 2020 to Sept. 2021 deserves to be condoned. 5. That the appellant craves his right to amend, delete or add any grounds of appeal at or before the time of hearing." 3. The relevant facts giving rise to this appeal are that the assessee, a footwear manufacturer, filed its Income Tax Return (ITR) for the relevant year on 11.01.2022 declaring income of Rs. 97,58,290/- after claiming deduction under section 80IB of the Income Tax Act, 1961 (Act). The said ITR was processed under section 143(1) of the Act by the Assessing Officer (CPC) (AO-CPC), which did not allow the claim of deduction under section 80IB of the Act on the reasoning that the assessee had not filed/annexed Form No. 10CCB of the Income Tax Rules along with its ITR filed u....
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....his rule is in line with the general principle that taxing statutes are to be construed strictly, and that there is no room for equitable considerations. That deductions are to be granted only when the conditions which govern them are strictly complied with. 4.6. Therefore, since the appellant had by self-admission, not complied with statutory requirement of filing form 10CCB alongwith his return. The CPC had rightly denied him the exemption. 4.7. The appellant has claimed this error was on the part of his computer operator which is not acceptable as the appellant was at liberty to revise his return and submit form 10CCB along with the Revised return. 4.8. Besides, he could have filed revise TAR as per prescribed Form 3CD. 4.9. The appellant did not take any of the remedial steps. 4.10. In any other case, if the mistake was detected at a later stage i.e. beyond due date, the appellant could have sought condonation of delay from the appropriate authority. 4.11. Further, the appellant signs and verifies the return before filing which he has done on 11.01.2022. Therefore, the appellant cannot be allowed to take advantage of his own mistakes and also be aggrieved of his o....
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....nd spirit in this case also. The Ld. AR also placed reliance on the decisions of the Hon'ble Madras High Court in the cases of Craftsman Automation P. Ltd. 435 ITR 558 and L-Cube Innovative Solutions P. Ltd. 435 ITR 566 and the decision of the Hon'ble Karnatka High Court in the case of Mandira D Vakharia 250 ITR 432; wherein similar issue in respect of deduction under section 80HHC had been decided in favour of assessee's. Further, the Ld. AR, placing reliance on the decision of Tribunal (SMC Bench, Lucknow) in the case of Satish Cold Storage in I.T.A. No.76 & 77/Lkw/2021 (date of order: 25.05.2022), submitted that the present case was squarely covered by this decision. Accordingly, in view of these facts, circumstances and judicial pronouncements, he prayed for relief by allowing the claim under section 80IB of the Act particularly when the said deduction had been allowed in preceding years in past by the AO only. 5. On the other hand, the Ld. Sr. DR supported orders of authorities below. He contended that the appeal before the Addl. CIT was against the order passed under section 154 of the Act. Since there was no mistake in the said order as the audit report in Form 10CCB wa....
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....proceed to answer the questions of law raised before us. 4. The respondent-assessee is a software consultant and is doing business of exporting the software out of India. The assessee filed her return for the assessment year 1992-93. Deduction under section 80HHE(4) and under section 8OGG of the Act was denied to the assessee on the ground that proof of certificate (report from the Chartered Accountant the prescribed form) had not been enclosed with the return of income. The assessee filed a rectification application under section 154 of the Act. With the rectification application, she attached the certificate in proof of the claim made by her under sections 80HHE and 8OGG. The assessing authority declined to rectify its earlier order on the ground that the assessee was required to file the proof or certificate in support of the deduction claimed under sections 80HHE and 80GG al the time of filing of the return and the proof or certificate filed by her with a rectification application could not be taken into consideration. 5. The assessee, being aggrieved by the order of the assessing authority, filed an appeal before the Commissioner (Appeals), which was accepted and held that....
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....n of income, is not so filed, the deduction claimed under that section can be disallowed as a prima facie adjustment. Some more examples in this regard are non-filing of audit reports or other evidence along with the return of income as required under sections 12A(ft), 33AB(2), 35E(6), 43B (first proviso), 80-I(7), 80-IA(8) and the like. But if I.T.A. No.76/Lkw/2021 Assessment year:2017-18 evidence is subsequently furnished, rectification under section 154 should be carried out to the extent permitted by Board's Circular No. 669. dated 25th October, 1993. No prima facie disallowance shall, however, be made if any evidence, required to be tiled along with the return of income only in pursuance of the non-statutory guidance notes for filing in the return of income, is not so filed." [Emphasis supplied] 8. By the Board's circular, it has been made clear that if audit report specified under section 80HHC(4) is not furnished with the return, then the deduction may be disallowed as a prima facie adjustment, But, if evidence is subsequently furnished, rectification under section 154 should be carried out to the extent permitted by the Board's Circular No. 669 dated 25-10- 19....