2022 (7) TMI 694 - AT - Income Tax

Deduction claimed u/s. 80IB - assessee has not filed the prescribed Form 10CCB while filing the return of income - HELD THAT - We find that even though it is claimed by the Ld. AR that there was a technical error which prevented the assessee from filing/uploading the Form-10CCB along with return of income filed u/s. 139(1), the Ld. AR could not produce the Form-10CCB claimed to have been prepared by the assessee on the date of filing of return of income u/s. 139(1) of the Act. CIT(A) simply relied on the plea of the assessee that the assessee has obtained the Form 10CCB along with the other statutory reports but has not called for its verification. On query from the Bench to produce the Form 10CCB of the Act prepared on 26/10/2017 as claimed by the assessee, the Ld. AR could not produce the same before us. Ld. AR simply relied on the online submission of Form-10CCB on 19/3/2018. We are of the considered view that since the Form-10CCB is not filed along with the return of income rejecting the claim of the assessee by the Ld. AO is in accordance with law and we hereby uphold the order of the Ld. AO and quash the order of the Ld. CIT(A). It is ordered accordingly. - Decided in favour of revenue.

Summary

Issues:
1. Delay in filing the appeal by the Revenue.
2. Disallowance of deduction claimed under section 80IB of the Act due to non-filing of Form-10CCB.
3. Validity of the claim regarding technical difficulties in filing Form-10CCB.

Analysis:
1. The appeal was filed by the Revenue against the order of the Ld. CIT(A) with a delay of 120 days. The Revenue did not file any condonation petition for the delay. However, the Tribunal considered the decision of the Hon'ble Supreme Court regarding the exclusion of the period of limitation due to the pandemic and condoned the delay of 120 days, proceeding to adjudicate the case on merits.

2. The case involved a domestic company engaged in manufacturing that claimed a deduction under section 80IB of the Act. The Assessing Officer (AO) disallowed the deduction as the assessee did not file Form-10CCB along with the return of income. The Ld. CIT(A) deleted the disallowance, stating that filing Form-10CCB is directory and can be done during the assessment proceedings. The Revenue's appeal was solely against the deletion of the addition of Rs. 2,35,97,287 made by the Ld. CIT(A) due to non-filing of Form-10CCB.

3. The assessee claimed that technical issues on the online filing portal of the Income Tax Department prevented the timely filing of Form-10CCB along with the return of income. The Ld. AR argued that the Form-10CCB was filed on 19/3/2018 and produced on the same date. However, the Tribunal found that the Form-10CCB claimed to have been prepared on the date of filing the return was not produced. The Ld. AR's reliance on the online submission on 19/3/2018 was insufficient. Consequently, the Tribunal upheld the Ld. AO's decision to disallow the deduction claimed under section 80IB of the Act due to non-filing of Form-10CCB, quashing the Ld. CIT(A)'s order.

In conclusion, the Tribunal allowed the appeal filed by the Revenue, emphasizing the importance of complying with statutory requirements like filing Form-10CCB to support claims for deductions under the Income Tax Act.