TaxTMI 
TaxTMI 
2026 (9) TMI 705
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....essment year 2018-19. 2. The assessee has raised the following grounds of appeal:- 1. The orders of the authorities below in so far as they are against the appellant are opposed to law, equity, weight of evidence, probabilities, facts and circumstances of the case. 2. The learned ADDL/JCIT[A], Ranchiis not justified in upholding the Intimation u/s 143(1) of the Act, dated 17/06/2019 determining the total income of the appellant at Rs. 2,50,06,593/- as against the returned income of Rs. 1,55,21,730/- by denying deduction claimed u/s 80IB of Rs. 94,84,865/- under the facts and in the circumstances of the appellant's case. 3. The learned ADDL/JCIT[A], Ranchi, ought to have allowed the rightful claim u/s 80IB o....
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.... are that the assessee company is engaged in the business of manufacture, processing and sale of fruit products. It is submitted that the assessee company has also set up a manufacturing plant at Chittor in Andhra Pradesh for processing of fruits and vegetables. The assessee company filed its return of income u/s 139(1) of the Act for the AY 2018-19 on 28.11.2018 declaring total income of Rs. 1,55,21,730/- after claiming deduction u/s 80IB of the Act amounting to Rs. 94,84,865/-. On the very same day i.e. on 28.11.2018, the tax auditor had also uploaded the tax audit report in Form No.3CA and 3CD dated 30.10.2018. The tax auditor also uploaded the Form No.3CEB dated 22.11.2018 being the report in respect of international transactions/specif....
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....ssee with regard to the non-availability of online Form 10CCB proceeded to pass the intimation u/s 143(1) of the Act dated 17.06.2019 by denying the deduction claimed by the assessee u/s 80IB of the Act amounting to Rs. 94,84,865/- and accordingly computed the taxable income of the assessee company at Rs. 2,50,06,590/- and raised the demand of Rs. 42,94,770/-. The assessee had also filed an online request for rectification u/s 154 of the Act on 27/06/2019, however the CPC had passed an order u/s 154 of the Act on 26/07/2019 rejecting the request for rectification made by the assessee by affirming that there is no prima-facie error in the intimation sought to be rectified. 4. However, aggrieved by the intimation passed u/s 143(1) of the A....
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....onation of delay in filing the form no.10CCB and accordingly submitted that no prejudice is caused to the assessee. Further, the ld. D.R. submitted that it is well settled legal proposition that deduction is available on complying with certain conditions, those conditions have to be strictly complied with. Lastly the ld. DR by heavily relying on the judgment of the Hon'ble Apex Court in the case of Commissioner of Customs (Import) v. Dilip Kumar and Co. [2018] 272 Taxman 275 vehemently submitted that the incentive provisions like section 80IB of the Act are subjected to strict interpretation and in the present case, as the assessee had not filed the form no.10CCB as required for claiming deduction u/s 80IB of the Act hence the appeal of the....
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....e had directed the assessee to file a formal petition to the ld. jurisdictional CCIT/CIT for condonation of delay. We also observed that the ld. Addl/JCIT(A) out of impetuousness even did not hesitate to give instruction to the ld. CCIT/CIT to adjudicate the condonation petition expeditiously after considering the assessee's explanation. Thus, in our considered opinion, it is not a case of the Revenue that no audit report in Form No.10CCB had been filed by the assessee on or before the due date of furnishing the return. In fact, the assessee had substantially complied with the requirement of law by filing the scanned copy of physical report in form 10CCB in the absence of availability of online form 10CCB. 9.1 Undisputedly, the deduction....