2026 (4) TMI 841

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....er and are being disposed of by this common order. ITA No.2556/PUN/2025 (A.Y. 2021-22): 2. Facts of the case, in brief, are that the assessee filed its return of income on 16.02.2022 declaring total income of Rs. 8,12,99,130/- after claiming deduction of Rs. 26,06,220/- u/s 80JJA of the Income Tax Act, 1961 (hereinafter referred to as 'the Act'). The CPC made addition of Rs. 26,06,220/- on account of belated filing of Form No.10DA i.e. after the due date of filing of the return vide Intimation u/s 143(1) dated 28.12.2022. 3. In appeal, the Ld. Addl. / JCIT(A) dismissed the appeal filed by the assessee. While doing so he noted that the due date for filing of income tax return for assessment year 2021-22 was on or before 30.11.2021 w....

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....ble deduction under section 80JJAA of the Act. Any consequential relief to which the Appellant may be entitled under the law in pursuance of the aforesaid grounds of appeal or otherwise, thus may be granted. The Appellant craves leave to add, alter, vary, omit, substitute or amend the above grounds of appeal, at any time before or at, the time of hearing of the appeal, so as to enable the Hon'ble Tribunal to decide this appeal according to law. 5. The Ld. Counsel for the assessee submitted that as per provisions of section 80JJA of the Act, a deduction of cost of new employees from the gross total income of an assessee to whom section 44AB applies and where the income includes any profits and gains derived from busi....

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....filing of audit report in Form No.10DA along with return of income does not disentitle the assessee to claim deduction u/s 80JJA of the Act. He accordingly submitted that the order of the Ld. Addl. / JCIT(A) be set aside and the grounds raised by the assessee be allowed. 6. The Ld. DR on the other hand heavily relied on the orders of the Assessing Officer and the Ld. Addl. / JCIT(A). He submitted that the assessee has not fulfilled the conditions laid down in the Statute, therefore, failure on his part to file Form No.10DA within the stipulated time has resulted into disallowance. He accordingly submitted that the order of the Ld. Addl. / JCIT(A) be upheld and the grounds raised by the assessee be dismissed. 7. We have heard the rival....

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....d. vs. DDIT (supra) wherein the Tribunal under identical circumstances has allowed the claim of deduction u/s 80JJA of the Act by setting aside the order of the Ld. Addl. / JCIT(A). The relevant observations of the Tribunal from para 2 onwards read as under: "2. The short issue involved in this appeal is as to whether the late filing of audit report in Form 10DA would disentitle the assessee from claiming deduction 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....

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....oduced below: "11. Now so far as the reliance placed upon the decision of this court in the case of G. M. Knitting Industries Pvt. Ltd. (supra), relied upon by the learned counsel appearing on behalf of the assessee is concerned, section 10B(8) is an exemption provision which cannot be compared with claiming an additional depreciation under section 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....