TaxTMI 
TaxTMI 
TaxTMI 
2025 (8) TMI 1604
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....efore, we proceed to dispose of the same by this common order. 3. First, we shall take up the appeal of the assessee in ITA No.1111/PUN/2025 for assessment year 2022-23 as the lead case for adjudication. ITA No.1111/PUN/2025, A.Y. 2022-23 : 4. The appellant has raised the following grounds of appeal :- "1. The Hon'ble CIT(A) has erred both in law and in facts in upholding the disallowance made in the intimation under Section 143(1) of the Income-tax Act, 1961, by the Centralized Processing Centre (CPC) in respect of the deduction of Rs. 49,40,441/- claimed under Section 80JJAA. The said disallowance has been sustained despite the fact that Form 10DA, duly certified by a Chartered Accountant, was uploaded on the Income ....
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....erified on the portal by the assessee on 09-01-2023. The return was processed on 16.03.2023 by the Assessing Officer, CPC, disallowing the deduction claimed u/s 80JJAA on the ground of belated filing of the audit report in Form No.10DA, which was not submitted before the prescribed due date of 07.11.2022. 6. By relying on the judgement of Hon'ble Apex Court, passed in the case of PCIT vs. M/s Wipro Ltd, Civil Appeal No.1449 of 2022 order dated 11.07.2022, Ld. CIT(A) dismissed the appeal filed by the assessee by observing as under :- "5.1 I have carefully gone through the grounds of appeal raised by the appellant, submission of the appellant and intimation Order passed by the CPC u/s. 143(1). The sole ground for filing the appeal....
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....e redundant and ineffective. 5.2 Further, the Hon'ble Apex court in the case of PCIT vs. M/s Wipro Limited (Judgment dated 11.07.2022 in the Civil Appeal No. 1449 OF 2022) has applied strict construction to reverse the findings of the Hon'ble High Court of Karnataka which had earlier allowed carry forward of such losses. The Hon'ble SC held that the requirement of filing a declaration within a timeline is "mandatory" in nature as per the language of the provision. The Supreme Court has stated as under- "In view of the above discussion and for the reasons stated above, we are of the opinion that the High Court has committed a grave error in observing and holding that the requirement of furnishing a declaration u....
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....A r.w.r 19AB therefore, the claim of deduction is not admissible in the light of the provision of section 80JJAA. In view of the above, I am of the considered opinion that the AO CPC rightly disallowed the deduction claimed u/s 80JJAA as the Form 10DA was not filed within prescribed time. Accordingly, this ground of appeal is dismissed." 6. In the result, the appeal is dismissed." 7. It is the above order against which the assessee company is in appeal before this Tribunal. 8. The Ld. Authorised Representative, appearing on behalf of the assessee company, submitted that the order passed by the Ld. CIT(A) is unjustified. It was contended that the audit report in Form No.10DA was duly furnished on 09.01.2023 and was available o....
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....u/s. 80JJAA of the Act, when the said Form 10DA was available to the Ld. AO at the time of assessment proceedings. The assessee in this case filed the Form 10DA on 27.10.2023 as against the due date of 30.09.2023 but, the same was available to the AO at the time of processing the return of income as the notice u/s. 143(1)(a) of the Act was issued by the CPC to the assessee on 23.11.2023 3. The issue is squarely covered by the decision of Hon'ble Supreme Court in the case of CIT v. G. M. Knitting Industries (P.) Ltd. [2016]12 SCC 272/[2016] 71 taxmann.com 35/376 ITR 456 (SC), wherein the Hon'ble Supreme Court has held that, even though it is necessary to file certificate in Form 10CCB along with the return of income, but eve....
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....ction 32(1)(ii-a) of the Act. As per the settled position of law, an assessee claiming exemption has to strictly and literally comply with the exemption provisions. Therefore, the said decision shall not be applicable to the facts of the case on hand, while considering the exemption provisions. Even otherwise, Chapter III and Chapter VIA of the Act operate in different realms and principles of Chapter III, which deals with "income which do not form a part of total income", cannot be equated with mechanism provided for deductions in Chapter VIA, which deals with "deductions to be made in computing total income". Therefore, none of the decisions which are relied upon on behalf of the assessee on interpretation of Chapter VIA shall be applicab....