2026 (7) TMI 415

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.... 1. The impugned additions and disallowances made in the order u/s 143(1) dated 05.05.2025 are bad in law and on facts of the case, for want of jurisdiction and various other reasons and hence the same kindly be deleted. 2. The ld. CIT(A) erred in law as well as on the facts of the case in confirming the disallowance of deduction of Rs.16,76,625/- claimed u/s 80JJAA of the Act, made by the ld. AO on the sole ground that Form 10DA was not filed along with the return of income, without appreciating that the certificate was duly obtained from a Chartered Accountant on 24.08.2024, well before the due date of filing the return u/s 139(1). The disallowance so made and confirmed being totally contrary to the provisions of law and....

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....ion on account of delay in filing the requisite form has been dealt with by the Coordinate Benches of the ITAT in number of cases holding the requirement of filing form to be procedural, and that as long as, same was available during assessment proceedings for verification by the AO, there was no reason for denying claim of deduction to the assessee. That however, the Ld. CIT(A), referring to the decision of the Hon'ble Apex Court in the case of Principal Commissioner of Income Tax III Bangalore and Another Vs. M/s Wipro Limited in Civil Appeal No.1449 of 2022 dated 11.07.2022, had dismissed the contention of the assessee pointing out that, the Hon'ble Apex Court had applied "strict" construction and held that the requirement of filing a de....

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....acts of the case holding that the judgment dealt with the issue of exemption claimed by the assessee, while u/s 80JJAA, the assessee's claim was deduction from income of the assessee. That therefore the Hon'ble apex court in Wipro(supra) noted exemption provisions to be "strictly" interpreted and the said decision was not applicable to facts where deduction had been claimed by the assessee. 7. Thereafter, my attention was drawn to the decision of the ITAT Kolkata vide in the case of [2024] 168 taxmann.com 514 Tarasafe International Private Limited C/o Dutta Properties Vs. Deputy Director of Income Tax, wherein again the identical issue of deduction u/s 80JJAA of the Act was dealt with, which was denied for the delay in filing of form 10D....