TaxTMI 
TaxTMI 
2026 (9) TMI 913
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.... (Appeals) ['the Ld. CIT(A)', for short] under Section 250 of the Income Tax Act, 1961 ('the Act' for short) for Assessment Years ('AYs', for short) 2014-15, 2015-16 and 2016-17. As the facts are identical, we hereby pass a consolidated order by taking ITA No.4699/Del/2025 for AY 2014-15 as a lead case for the sake of convenience. 2. The assessee has raised the following grounds of appeal:- "1. That order passed by Ld. CIT(A) dated May 31, 2025, u/s. 250 of the Income-tax Act,1961 ("the Act") is bad in law and is not in accordance with judicial precedence under the Act. 2. That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) erred in determining taxable income of the Appellant at INR....
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....quivalent to INR 1,13,24,293 in India. 7.1 That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) grossly erred in considering net foreign exchange inflow as per Annual Progress Report (APR) filed with Noida SEZ authorities as the Export Turnover for the purposes of Section 10AA of the Act. 7.2 That on the facts and in the circumstances of the case and in law, the Ld. CIT(A) failed to appreciate the fact that APR shows net foreign exchange inflow as difference between inflow of foreign exchange and outflow of foreign exchange. While the Export Turnover of the Appellant is much higher than net foreign exchange inflow. 8. That on the facts and in the circumstances of the case and in law, t....
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....of deduction u/s. 10AA of the Act amounting to Rs. 93,06,592/- despite the fact that the assessee has filed auditor's report in Form 56F manually instead of filing the same electronically as per the requirement of the amended provisions of Rule 12 of the Income Tax Rules, 1962. The Ld. PCIT directed the Ld. AO to disallow the claim of deduction made by the assessee u/s. 10AA of the Act. Aggrieved, the assessee was in appeal before the Tribunal challenging the order of the Ld. PCIT. The Tribunal, vide order dated 07.01.2019, directed the Ld. AO to re-examine the assessee's claim u/s. 10AA of the Act, after taking into account the auditor's report filed manually in Form 56F and after giving proper opportunity to the assessee to substantiate i....
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....Form 56F for the purpose of allowing deduction u/s. 10AA of the Act. The Ld. AR argued that the only issue in the revisionary proceedings was with regard to the manual filing of Form 56F, which was in the appellate proceedings, held to be valid by the Tribunal and not on the merits of the claim of Section 10AA of the Act and, since the Tribunal has held the manual form to be valid, the lower authorities ought not to have decided the issue on the merits of the claim u/s. 10AA of the Act, which was already the subject matter of the limited scrutiny assessment during the original assessment done u/s. 143(3) of the Act. The Ld. AR prayed that the claim of the assessee be allowed and the impugned order of the Ld.CIT(A) be set aside. 5. The Ld....
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....nd not to be extended for examining the merits of the claim u/s. 10AA of the Act. This, in our opinion, is unacceptable for the reason that if either of the parties are aggrieved by the order of the Tribunal passed in the revisionary proceedings, then, the same ought to have been challenged before the higher forum and not before us as this issue is not the subject matter of appeal before us. The only moot issue that requires adjudication is with regard to the claim of deduction u/s. 10AA of the Act on the merits, where it is observed that the Ld. AO has made the impugned disallowance on the ground that the assessee has been non-compliant during the assessment proceedings and has failed to furnish documentary evidences or proof to substantia....
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....e along with all the documentary evidences filed by the assessee in support of its claim for deduction u/s. 10AA of the Act. We have not given any finding on the merits of the claim u/s. 10AA of the Act which has to be adjudicated afresh by the Ld. AO and the assessee is also directed to strictly comply with the proceedings without any undue delay from its side. Hence, the grounds of appeal raised by the assessee are hereby allowed for statistical purpose. 7. In the result, the appeal filed by the assessee is allowed for statistical purpose. ITA No.4700 & 4648/Del/2025 (AY 2015-16) 8. The captioned cross appeals have been filed by the assessee and the Revenue challenging the order of the Ld.CIT(A) on identical issues as those of AY....