TaxTMI 
TaxTMI 
2026 (8) TMI 482
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....l Board of Direct Taxes under Section 119(2) of the Income Tax Act, 1961 for the Assessment Year 2015-2016. 2. By the impugned Order dated 09.10.2023, the application filed by the Petitioner on 26.12.2019 for condoning the delay in filing Form 10CCB for claiming deduction under Section 80IA of the Income Tax Act, 1961 for the Assessment Year 2015-2016 was rejected. 3. The reasons stated in the impugned Order for rejecting the application are reproduced below:- "6. In this context, an opportunity of being heard was provided to applicant to explain as to why his petition dated 26.12.2019 seeking condonation of delay in filing Income-tax return and Audit report in Form 10CCB for the AY 2015-2016, may not be rejected. The applica....
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....5-2016 expired on 31.10.2015. There was a marginal delay of 6 days in filing the Return of Income by the petitioner and 1 year and 20 days delay in filing Form 10CCB for claiming deduction under Section 80IA of the Income Tax Act, 1961 for the said Assessment Year. 6. In the application filed on 26.12.2019 (31.12.2019 as per the Petitioner), the Petitioner has stated that the Chartered Accountant had by oversight not filed the Audit Report and even though the same was made ready at an earlier point of time as is required under Section 80IA of the Income Tax Act, 1961. 7. Reference was made to the Letter dated 13.12.2019 issued by the Chartered Accountant, wherein it has been stated as under:- "6. The claim under Section 80IA ....
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....unication dated 13.12.2019 and considering the fact that; (iii) substantive benefit of Section 80IA of the Income Tax Act, 1961 cannot be denied merely because there is a procedural irregularity in complying with the provisions of the Income Tax Act, 1961, the impugned Order is liable to be set aside with consequential relief to the Petitioner as the Income Tax Department is required to collect tax but not burden the genuine tax payers who are otherwise entitled to any exemption or deduction under the Act. 11. This Court in M/s. Craftsman Automation Private Limited Vs. The Commissioner of Income Tax-II, Coimbatore and another in W.P.No.3967 of 2009, under similar circumstances, has observed as under:- "28. The Assessing....
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....claiming benefit of deduction under Section 80 AAJJ of the Income Tax Act, 1961, in my view is a more procedural formality. In my view, denial of substantive benefit cannot be justified since the assessment itself was reopened by the 2nd respondent and the assessment already made on 29.12.2006 was put to jeopardy. 32. If an assessee is entitled to benefit, technical failure on the part of an assessee to claim the benefit in time, should not come in the grant of substantial benefit/benefits that was/were otherwise available under the Income Tax Act, 1961 but for such technical failure. 33. I am therefore of the view that the petitioner would be entitled to the benefit of Section 80JJAA of the Income Tax Act, 1961. The 1st r....