TaxTMI 
2026 (11) TMI 472
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....rounds of appeal: "1. On the facts and circumstances of the case as well as law on the subject, the Ld. CIT(A) has erred in confirming the action of assessing officer in assessing the Total Income at Rs. 8,44,39,980/- as against the Returned Income of Rs. 7,61,47,910/- as shown in Return of Income. 2. On the facts and circumstances of the case as well as law on the subject, the Ld. CIT(A) has erred in confirming the action of assessing officer in disallowing the claim of deduction u/s. 80JJAA amounting to Rs. 80,27,629/-. 3. It is therefore prayed that the addition made by the assessing officer and confirmed by Ld. CIT(A) may please be deleted. 4. Appellant craves leave to add, alter or delete any ground(....
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.... 5. The Ld. Authorised Representative (in short "Ld. AR") for the assessee submitted that the assessee had filed its return of income on 26.12.2018 declaring total income at Rs. 7,61,47,910/- after claiming deduction of Rs. 80,27,629/- u/s 80JJAA of the Act. The assessee firm got its books of accounts audited u/s 44AB of the Act. The assessee has uploaded the audit report u/s 44AB of the Act in Form No.3CB and 3CD on the Portal on 27.10.2018 which was accepted on 30.10.2018. Along with the audit report, the auditor of the assessee had also submitted and uploaded report u/s 80JJAA of the Act in Form No. 10DA on the same day i.e. 27.10.2018 and the same was also accepted by the AO on 30.10.2018. Thus, the audit report u/s 44AB of the Act as w....
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....een made by submitting the audit report u/s. 44AB of the Act as well as the report in form No. 10DA u/s. 80JJAA before the due date of filing return of income by the auditors of the assessee firm. The assessee paid full amount of tax and the assessee was entitled to the refund of tax and therefore also it was under bonafide belief that total compliance have been made. The assessee submitted the requisite details of 179 employee to whom the payment of Rs. 2,67,58,765/- was made giving further details of eligible additional employees and additional cost incurred for such employees as well as instruction sheet to the bank with relevant bank statement of one month showing the details of the partners of the assessee firm. The assessee was entitl....
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....er and the order of the Ld. CIT(A). The Ld. DR further submitted that the assessee had violated the provisions of section 80AC of the Act by not filing the return of income within the due date of filing the return of income prescribed u/s 139(1) of the Act and accordingly the AO has rightly disallowed the entire claim of deduction u/s 80JJAA of the Act. The Ld. DR also relied upon the decision of Tribunal in case of the The Parabada Co-op. Milk Producers Society Limited vs. The ITO (ITA No.128/Ahd/2023 order dated 17.05.2023). This decision is passed by the SMC Bench of the Tribunal whereby stating therein that the assessee should have filed the return within the extended period of due date but the assessee failed to do so. Therefore, the d....
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....this condition was not fulfilled by the assessee, The assessee had submitted before the AO that it was unaware of the introduction of this new provision introduced from this year. Considering the fact that this was only a procedural requirement and the change in the statute was effected from this year only, the AO is directed to take a lenient view in the matter and allow the deduction, if otherwise admissible. The deduction under section 80JJA of the Act is admissible for a period of five consecutive assessment years beginning with the assessment year relevant to the previous year in which the business commences. It is not evident from the return of income that the claim of deduction under section 80JJA of the Act for this year was within ....