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2022 (8) TMI 119 - AT - Income TaxDeduction u/s 80IA - necessary certificate in the form of 10CCB along with the return of income had not been filed - harmonious reading of section 80A and section 80AC of the Act shows that the assessee having failed to claim deduction u/s 80IA of the Act in his return of income filed within the due date specified u/s 139(1) - main contention of the assessee s counsel is that assessee filed original return u/s 139(1) in time on 2.11.2017 Later the assessee filed revised return u/s 139(5) of the Act on 3.9.2018 - HELD THAT - We are fully in agreement with the contention of the A.R. that if the audit report in form No.10CCB if made available to the AO before framing assessment or processing of return u/s 143(1) of the Act, the assessee is entitled for deduction u/s 80IA of the Act. However, the Ld. A.R. not able to demonstrate that assessee has actually and digitally filed the form No.10CCB (audit report) along with the revised return of income filed by the assessee digitally so as to make available to the AO. In view of this, we remit this issue to the file of the AO with the direction to the assessee to prove that assessee has actually filed the audit report in form No.10CCB before the AO before passing of the intimation u/s 143(1)(a) of the Act. Accordingly, the issue remitted to the file of the AO for de-novo consideration. Appeal of the assessee is partly allowed for statistical purposes.
Issues:
1. Non-granting of deduction u/s 80IA of the Income-tax Act,1961 2. Filing Form 10CCB as a mandatory condition for claiming deduction u/s 80IA(1) 3. Revised Return's impact on the original return 4. Applicability of amended provision of section 80IA(7) from Finance Act 2020 5. Interpretation of Department circular in rectification of return under section 139(4) Issue 1 - Non-granting of deduction u/s 80IA: The appeal was against the order of Ld. CIT(A) for not granting deduction u/s 80IA. The assessee filed form No.10CCB after the return u/s 143(1) was processed. The Ld. CIT(A) denied the deduction as the form was not filed with the original return. The Tribunal admitted additional grounds for adjudication, emphasizing the importance of filing the required form for claiming deductions. Issue 2 - Mandatory nature of Form 10CCB for deduction u/s 80IA(1): The assessee argued that filing Form 10CCB is discretionary, not mandatory, based on a Supreme Court ruling. However, the Tribunal emphasized the requirement of filing the form to claim the deduction, as per the provisions of the Act. Issue 3 - Impact of Revised Return: The Tribunal considered the impact of the revised return filed under section 139(4) on the original return. It was noted that the revised return substitutes the original return from the date it was filed, as per legal provisions. Issue 4 - Applicability of amended provision from Finance Act 2020: The Tribunal discussed the applicability of the amended provision of section 80IA(7) from the Finance Act 2020. It was clarified that the amended provision emphasized the mandatory furnishing of the return of income, with filing Form 10CCB being discretionary. Issue 5 - Interpretation of Department circular in return rectification: The Tribunal analyzed the interpretation of Department circular in rectifying returns under section 139(4). It was highlighted that the circular should be followed strictly if beneficial to the assessee, as per legal precedents. In conclusion, the Tribunal partially allowed the appeal, remitting the issue of Form 10CCB filing to the Assessing Officer for further consideration. The additional grounds raised by the assessee were dismissed as infructuous. The appeal was allowed for statistical purposes. This detailed analysis of the judgment highlights the key legal issues involved and the Tribunal's considerations and decisions on each issue, providing a comprehensive overview of the case.
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