TaxTMI 
TaxTMI 
2024 (11) TMI 1467
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....case are that the assessee filed return of income on 28.10.2023 within the extended due date declaring total income of Rs. 96,17,870, claiming deduction u/s. 80JJAA of Rs. 13,15,845. The deduction u/s. 80JJAA was denied while processing the return on 26.02.2024 for the reason that Form 10DA was not filed by the assessee within the due date prescribed. Aggrieved from the above order, the assessee filed appeal before the First Appellate Authority (FAA). 3. During the appellate proceedings the assessee filed detailed written submissions which is incorporated in the order of FAA. The ld. FAA further noted that Form 10DA was obtained on 30.09.2023 and the same was digitally signed on 14.10.2023 and electronically filed on 24.10.2023. As per Rul....
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....nable to file the said form along with tax audit report. The said Form was later filed on 28.10.2023 along with return of income i.e., before due date specified u/s. 139(1). He further submitted that there was no dispute on quantum of deduction and while processing the return u/s. 143(1), Form 10DA was available with CPC. In view of this the assessee is eligible for deduction. In support of the claim od deduction, he relied on the following judgments:- - Akuntha Pojects (P) Ltd. v. Dy. Director (CPC) - Jeans Knit (P) Ltd. v. DCIT, [2022] 138 taxmann.com 480 5. The ld. DR relied on the order of lower authorities and submitted that it is a mandate for assessee to file Form 10DA within due date as per section 80JJAA and assessee has not c....
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....ee filed Accountant's report in Form 10DA before the due date of filing of return of income. This position has not been disputed by the Department. Admittedly, the above report was not accepted by the assessee before the due date of filing of return of income. However, the Report in Form 10DA filed by the accountant of the assessee was accepted by the assessee on 06.01.2023, whereas in this case the order under Section 143 (1) of the Act was passed on 16.03.2023, denying the claim of deduction under Section 80JJA of the Act which means that at the time when the order under Section 143(1) of the Act was passed by the CPC, the assessee had accepted the Report filed by the accountant of the assessee in Form 10DA. It would be useful to repr....
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....ng Officer when he processed the return of income under Section 143(1) of the Act. The conditions for claiming exemption under Section 11 was satisfied. Although the requirement of furnishing report was mandatory, filing thereof is a procedural aspect. Even though the Form 10B was filed at a later stage, when it was part of the record of the Assessing Officer in course of the processing of the return of income, the Assessing Officer could not have denied the exemption claimed by the assessee under Sections 11(1) and 11(2) on the ground that the audit report was not filed. 5.6 The tribunal further committed an error in appreciating the import of Section 119 2(b) of the Act inasmuch as the application contemplated thereunder is only additio....
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....ons under Section 11(1) and 11(2) of the Act and the alleged ground of non-filing of audit report alongwith return of income which was at the best procedural omission, could never to an impediment in law in claiming the exemption. 6.2 Accordingly the substantial questions of law have to be decided in favor of the appellant. 7. They are accordingly decided. The appeal is allowed. " 8. Further, we observe that these Hon'ble Supreme Court in the cases of CIT v. G. M. Knitting Industries (P.) Ltd. [2016] 71 taxmann.com 35/[2015] 376 ITR 456 held that, even though it is necessary to file certificate in Form 10CCB along with the return of income, but even if the same has not been filed with the return of income, but the same was filed b....