2025 (8) TMI 1644

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....) of the Income Tax Act, 1961 (hereinafter in short "the Act"). 2. At the outset, the Ld.AR of the assessee submitted that the assessee filed its return of income (RoI) for AY 2022-23 on 29.09.2022 showing 'NIL' income after claiming deduction of Rs. 14,53,40,667/- u/s.80IAC of the Act under Part-C of Chapter VI-A. However, the CPC processed the return u/s.143(1) of the Act on 16.03.2023 denying deduction claimed to the tune of Rs. 14,53,40,667/- since assessee failed to file Form No.10CCB (one month prior to due date of filing of RoI u/s.139(1) of the Act). 3. Aggrieved, the assessee preferred an appeal before the Ld.CIT(A) who dismissed the same citing the decision of the Hon'ble Supreme Court in the case of PCIT v. Wipro Ltd., reported....

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....e ought not to have been passed against the assessee. Nevertheless, the assessee brought to the notice of the Ld.CIT(A) the aforesaid facts regarding the assessee's inability to file Form No.10CCB electronically and that it was not permitted to file the same physically before the AO, but the Ld.CIT(A) didn't bother to adjudicate on this assertion made by the assessee and dismissed the appeal by blaming its omission for uploading Form 10CCB by relying on the Hon'ble Supreme Court's decision in the case of PCIT vs. Wipro Ltd. [2022] 446 ITR 1 (SC). However, the Ld AR asserted that the case law PCIT vs. Wipro Ltd, supra relied by Ld CIT(A) is not applicable to the present case because assessee is merely claiming a deduction under Chapter VIA o....

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....the assessee's assertion regarding its inability to e-file the Form No.10CCB due to technical glitches, and the assessee's attempt to file the same physically before the AO well within the due date, which is shown by the assessee in the Chart below, it was prayed that this issue may be remanded back to the file of the Ld.CIT(A) for his decision/adjudication considering the bona fide action of the assessee. 7. Per contra, the Ld.DR couldn't controvert the aforesaid submissions made by the Ld.AR. 8. Having heard both the parties, we note that the present appeal emanates from an order u/s.143(1) of the Act for the A.Y.2022-23, wherein the deduction claimed by the assessee u/s.80IAC of the Act was disallowed for the reason that Form No.10CCB ....