TaxTMI 
TaxTMI 
2025 (6) TMI 2075
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....ssioner of Income Tax (Appeals) ("Ld. CIT(A)") has erred in confirming action of the CPC in denying the deduction of Rs. 1,28,57,142/- claimed under section 80JJAA of Act. On the facts and circumstances of the case and in law, deduction claimed under section 80JJAA of Act amounting to Rs. 1,28,57,142/- ought to be allowed. 2. The Appellant craves leave to add, alter, amend and/or rescind any grounds of appeal during the course of the hearing." 2. During the course of hearing, Ld.AR submitted that the assessee is a listed company and is engaged in the retail business of fashion footwear, bags and accessories. It filed its original return of income on 31-10-2023 declaring total income of Rs. 528.54 crore and claiming refund of Rs.....
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....being amount of deduction reported in Form 10DA of AY 2022-23) under section 143(1)(a)(ii) of Act as under: Sr. No. Schedule Error Description As per return As computed Variance 1. Schedule VIA In Schedule VI-A Deduction claimed u/s 80JJAA is more than the amount mentioned in Form(s) 10DA filed within the due date. Hence deduction u/s 80JJAA will be restricted to the extent of amounts mentioned in the form(s) 10DA filed with-in the due date. 1,28,57,142/- 28,20,558/- 1,00,36,584/- 5. Against the above proposed adjustment, the assessee has filed response as under: "The Assessee hereby submits that the Assessee has rightly claimed the deduction under section 80JJAA amounting to Rs. 1,28,57....
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....g of on-line Form 10DA on or before the specified date. It was submitted that the Chartered Accountant has issued the certificate in Form 10DA in physical form on 15-09-2023, bearing UDIN No. 23102939BGWNEL6500, which was generated on 15-09-2023 itself which was on or before the specified date as mention in Section 80JJAA of the Act. It was submitted that the tax auditor after verifying the claim, has duly reported in Clause No.33 of Form 3CD that the assessee has claimed a deduction u/s. 80JJAA of the Act. It was further submitted that the Form 10DA though inadvertently filed after the date specified u/s. 80JJAA of the Act, but was on record before the CPC at the time of processing return u/s. 143(1) of the Act. It was submitted that the d....
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....the assessee appellant for deduction under Section 80JJA of the Act cannot be denied for the reason that firstly, the chartered accountant of the assessee had uploaded Form 10DDA before the due date of filing of return of income, and it was only because of procedural lapse/mistake on the part of the appellant/assessee that the aforesaid form could not be accepted before the due date of filing of return of income, secondly, the assessee appellant had duly accepted the Form 10DDA before the return of income was processed by the CPC on 16.03.2023, thirdly, the Gujarat High Court, has on similar facts observed that although the furnishing of report for claiming the deduction/exemption is mandatory requirement, the mode and stage of filing there....
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....ontra, the Ld.DR drawn our reference to the findings of the Ld.CIT(A) and it was submitted that the Ld.CIT(A) after referring to the provisions of section 80JJAA, Rule 19AB, provisions of section 44AB of the Act as well as Rule 12(2) of the Rules has held that the assessee is supposed to furnish Form 10DA electronically one month prior to the due date before furnishing return of income in sub-section (1) of section 139 of the Act and given that the due date for filing the return of income in the instant case was 31-10-2023, the assessee was supposed to file Form 10DA on or before the 30th Sept. 2023; whereas the assessee has actually e-filed Form 10DA on 9th October. 2023. Accordingly, the Ld.CIT(A) has rightly sustained the disallowance of....
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....ment, there is no finding recorded by the CPC in this regard and the adjustment has been finally done. 11. Having said that the limited dispute relates to the fact that Form 10DA which was supposed to be e-filed on or before 30-09-2023 has been e-filed by the assessee on 09-10-2023 and basis such delay of 9 days, can the claim of deduction u/s 80JJA be denied to the assessee while processing the return of income u/s 143(1) of the Act. In other words, how the due date of filing of Form 10DA should be construed - whether it calls for a literal and stricter interpretation and irrespective of period of delay, it would result in denial of claim of deduction which the assessee is otherwise eligible for or whether it should be construed liberal....