2025 (8) TMI 1518

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....AR For the Revenue : Shri Somnath Das Biswas, DR ORDER PER RAJESH KUMAR, AM: This is an appeal preferred by the assessee against the order of the CIT (A) Addl/JCIT(A), Delhi(hereinafter referred to as the "Ld. CIT(A)"] dated 12.03.2025 for the AY 2021-22. 02. The issue raised in ground number 1 is against the confirmation of disallowance of Rs. 2,07,41,111/- claimed as deduction und....

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....ate of the order under section 143(1) of the Act. Thus, the disallowance of deduction under Section 80 IE of the Act was made by the AO on the ground of non-furnishing of Form 10 CCB within due date. 04. In the appellate proceedings, the appellate authority dismissed the appeal on the ground that the assessee has not filed the Form No. 10 CCB within the due date and therefore, disallowance made....

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.... Form 10 CCB online before the date of processing of return of income and passing of order under Section 143(1) of the Act. The case of the assessee finds support from the decision of Hon'ble Apex Court in case of Commissioner of Income-tax, Maharashtra vs. G. M. Knitting Industries (P.) Ltd. [2015] 376 ITR 456 (SC), wherein the Hon. Apex Court has held that Form 10CCB filed during assessment ....

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....'ble Jurisdictional High Court in case of Winro Commercial (India) Ltd. vs. Principal Commissioner of Income-tax [2023] 457 ITR 418 (Calcutta) dated 22-11-2022, wherein the Hon'ble Kolkata High Court in the context of the claim of the assessee under Section 80 IA of the Act, held that audit report in Form 10 CCB which was not filed within the due date as per the Act would not disentitle th....