2014 (9) TMI 392 - HC - Income Tax

Deduction u/s 80HH and 80I Certificate in Form 10C as required Rule 18-B not submitted - Held that - The assessee has never furnished the required certificates as well as the particulars even before the FAA or before the Tribunal - The certificates or particulars were not even furnished before the Hon ble Court - The presumption arises that assessee neither possesses the certificates nor have particulars as required by law - When it is so, then, there is no reason to interfere with the impugned order passed by the Tribunal Decided against assessee.

Summary

Issues:
Appeal against ITAT order for assessment year 1985-86 - Deduction under Sections 80HH and 80-I denied - Non-submission of required certificates and particulars - Authenticity of application under Section 154 - Ruling based on CIT Vs. M/S A.W. Prod case - Assessee's failure to furnish certificates and particulars before authorities and court.

Analysis:
The appeal was filed against the Income Tax Appellate Tribunal's order for the assessment year 1985-86, where the assessee's deduction claims under Sections 80HH and 80-I were rejected due to non-submission of necessary certificates and particulars. The A.O. disallowed the claims as the assessee failed to provide the certificate in Form 10C as mandated by Rule 18-B of the Income Tax Rules for Section 80HH. Similarly, for Section 80-I, the prescribed particulars were not submitted during the assessment proceedings, leading to the denial of benefits and addition by the A.O. These decisions were upheld by the Tribunal, prompting the assessee to file the present appeal.

During the proceedings, the assessee's counsel argued that an application was submitted under Section 154 on 17.4.1991 along with the required certificates, but no order was passed by the A.O. yet. The counsel relied on the ruling in the case of CIT Vs. M/S A.W. Prod dated 23.10.2013. On the contrary, the Department's counsel questioned the authenticity of the 17.4.1991 application, highlighting that the CIT(A) and Tribunal had already passed orders, but the necessary certificates and particulars were never furnished by the assessee.

The court noted that the assessee failed to provide the required certificates and particulars not only before the authorities but also before the court, leading to the presumption that the assessee did not possess the necessary documentation as mandated by law. In light of this, the court upheld the Tribunal's order, stating that there was no basis to interfere with it. Consequently, the substantial questions of law were answered in favor of the Department and against the assessee, resulting in the dismissal of the appeal filed by the assessee.