2025 (7) TMI 960

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.... Tax Act, 1961 (hereinafter referred to as the "Act") pertaining to Assessment Year (A.Y.) 2023-24. 2. The grounds of appeal raised by the assessee are as under: "Ground 1: The Ld Additional/Joint Commissioner Appeals has erred in facts and law in dismissing appeal and not allowing the deduction under section 80JJAA of the Income Tax Act, 1961 for the reason that the form 10DA has been filed belatedly by a delay of 29 days and thereby denying the deduction under section 80JJAA which is otherwise eligible to the appellant. Ground 2: The Ld Additional/Joint Commissioner Appeals as well as the assessing officer has erred on facts as well as in law in charging interest under section 2348 of the Income Tax Act Ground 3: The Ld Additional/....

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.... of the Hon'ble Madras High Court in the case of M/s. Craftsman Automation P. Ltd. Vs. CIT, (2021) 8 TMI 175 (Madras HC) and * the decision of the Hon'ble Allahabad High Court in the case of PCIT vs. M/s. Surya Merchants Ltd., (2016) 5 TMI 947 (All HC). 5. The submissions of the assessee in this regard are contained at page nos. 3 & 4 of the order of the Ld.CIT(A) as under: "1. It is submitted that the deduction of Rs 9260717.00 is eligible to the assessee and that the same has also been reflected in the form 3CA 3CD. 2. The amount of deduction of Rs 9260717.00 has also been shown in the return of income. Only delay that has occurred is in filling form 10DA. 3. The assessee has filed Form-10DA for deduction U/s 80JJAA on 29th Novem....

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....case of Pr. Commissioner of Income Tax Versus M/S Surya Merchants Ltd. (2016) 5 TMI (All HC) wherein it is held that the filing of audit report with the return of income is not a mandatory requirement but a directory requirement and that the requirement would stand satisfied if the audit report is filed before the framing of the assessment relying on various pronouncements. 10. The above decision of Pr. Commissioner Of Income Tax Versus M/S Surya Merchants Ltd. (2016) 5 TMI (All HC) has also been upheld by Hon Supreme Court in PRINCIPAL COMMISSIONER OF INCOME TAX (CENTRAL) KANPUR VERSUS M/S SURYA MERCHANTS LTD. (2017) 3 TMI 94 (SC). 11. The wordings of section 801A or 801B or 80JJAA so far as furnishing of report is concerned is pari ma....