TaxTMI 
TaxTMI 
2025 (7) TMI 1152
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.... Tax Act, 1961, for the sum of Rs. 1,07,52,570/-, in the intimation passed u/s 143(1)(a) of the Income Tax Act. 1961 which was in consequence to revised return filed by the appellant, by assuming that return of income is filed belatedly, whereas it is your appellants submission that original return of income was submitted by your appellant on 20/10/2022 vide acknowledgement no 738841421201022. In view of this your appellant is entitled to claim deduction u/s 80IA for sum of Rs. 1,07,52,570/-. 2. On the facts and the circumstances of the case and in law, learned Assessing Officer has erred in not computing the alternative minimum tax for which your appellant is entitled, your appellant prays for giving suitable instruction to compute the ....
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....01 to 05 are being clubbed and adjudicated together. 4.1 The appellant submitted that it had filed its ITR on 13/12/2022 and e-filed Form-10CCB on 21/09/2022. In this context, it's important to note that the appellant had claimed deduction u/s 80IA of the Act amounting to Rs. 1,07,52,570/- while filing the return of income. However, to avail the benefit of deduction u/s 80IA, Form-10CCB was required to be filed before the due date of filing ITR as per Rule 18BBB and Section 80IA of the Act. The appellant had e-filed Form- 10CCB on 21/09/2022, which is before filing of return on 13/12/2022; however, it may be appreciated that the ITR has been filed late, as the extended due date to file the Return was 07/11/2022. Therefore, one of the....
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.... u/s 139(1) of the IT Act and treated the revised return as original one which was filed on 13.12.2022. And accordingly, CPC was of the view that since the return of income has not been filed within the time allowed u/s 139(1) of the IT Act it disallowed the deduction claimed under Chapter VI-A i.e. u/s 80IA of the IT Act in the light of section 80AC of the IT Act. Ld. AR further submitted that Ld. Addl./JCIT(A), Faridabad also did not acknowledge the fact of filing original return in time and only considered the revised return which was filed on 13.12.2022. Accordingly, Ld. AR submitted before the bench that the fact of filing of original return in time was not acknowledged either by CPC or by Ld. Addl./JCIT(A), Faridabad which resulted in....
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.... the processed ITR as the original one and therefore obviously the deduction claimed by the assessee u/s 80IA was disallowed since the impugned return was filed on 13.12.2022 i.e. beyond the time limit prescribed u/s 139(1) of the IT Act. It is the submission of Ld. AR that from the perusal of ITR-V i.e. the acknowledgement of original return, which is dated 12.10.2022 it is crystal clear that the original return was filed well within time and therefore the assessee was entitled to claim deduction u/s 80IA of the IT Act. It is the submission of Ld. Counsel for the assessee that the assessee has furnished copy of income tax portal wherein filing of original return of income as well as revised return of income is evident. Considering the tota....