2014 (1) TMI 550 - AT - Income Tax

Deduction u/s 80IA - Held that - Following assessee s own case for A.Y. 2008-09 2013 (7) TMI 83 - ITAT HYDERABAD - There is no approval u/s. 10CCB of the Act for the assessee s project - In the absence of statutory approval from Ministry of Commerce, Government of India, as per the provisions of section 80IA of the Act exemption cannot be granted - Mere moving an application to the Central Government for being notified under clause (iii) of section 80IA(4) to the Secretary, DIP & P, Ministry of Commerce & Industry, New Delhi cannot confer the benefit when the 2002 scheme was not in operation and not applicable -The benefit u/s. 80IA(4)(iii) could be availed by the assessee only after the approval by the DIPP under the scheme - The assessee has not fulfilled the basic condition provided u/s. 80IA(7) of the Act as per which the assessee is required to file along with the return of income an audit report in Form No. 10CCB Decided against assessee.

Summary

Issues:
1. Disallowance of deduction u/s. 80IA of the I.T. Act.
2. Requirement of audit report in Form No. 10CCB for claiming deduction under section 80IA.
3. Compliance with statutory requirements for availing deduction u/s. 80IA.
4. Impact of delay in obtaining approval from Ministry of Commerce, Government of India on deduction u/s. 80IA.

Analysis:
1. The appeal was against the disallowance of deduction u/s. 80IA of the I.T. Act amounting to Rs. 2,49,43,580 by the Assessing Officer. The CIT(A) upheld the disallowance due to the assessee's failure to submit necessary agreements or approvals as required by section 80IA. The Tribunal noted that the assessee did not obtain formal approval u/s. 10CCB and had not complied with statutory requirements, leading to the rejection of the deduction claim.

2. The CIT(A) emphasized the necessity of filing an audit report in Form No. 10CCB along with the return of income for claiming deduction u/s. 80IA. The Tribunal observed that the absence of this report was a vital statutory requirement, and since the assessee failed to fulfill this condition, the deduction was deemed not allowable. The Tribunal's decision was influenced by the non-compliance with this specific provision.

3. The Tribunal referred to a previous case involving the same assessee for A.Y. 2008-09, where it was established that without approval from the Ministry of Commerce, Government of India, the exemption under section 80IA could not be granted. The Tribunal highlighted the significance of fulfilling conditions laid down in the Act for availing deductions, emphasizing that mere application without approval does not confer the benefit of deduction u/s. 80IA. The assessee's arguments regarding the timeline of application and scheme changes were not accepted.

4. The Tribunal rejected the assessee's plea for remitting the issue back to the Assessing Officer based on a search action and the framing of assessment u/s. 153A. It was clarified that each assessment is independent, and the search action cannot be a reason to reconsider the issue. The Tribunal dismissed the appeal, stating that if the assessee obtains approval from the Ministry of Commerce, Govt. of India, they can file for restoration of the appeal, providing the assessee with that liberty.

In conclusion, the Tribunal dismissed the appeal, upholding the disallowance of deduction u/s. 80IA due to non-compliance with statutory requirements, specifically the absence of the audit report in Form No. 10CCB. The decision was based on established legal principles and precedents, emphasizing the mandatory nature of fulfilling conditions for claiming deductions under the Income Tax Act.