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2022 (9) TMI 964 - AT - Income TaxDeduction claimed u/s. 80IA - Claim denied as Assessee has claimed the benefit first time in the proceedings u/s. 147 - HELD THAT - It is admitted fact that the Assessee by e-filing Form 3CA along with its return of income filed on dated 25.09.2015 itself, claimed the deduction under consideration and it is also not the case of the Revenue that the Assessee is not entitled and/or not fulfilled the conditions set out for claiming the said deduction. Therefore, it cannot be said that the Assessee has claimed the benefit first time in the proceedings u/s. 147 and hence not allowed as per judgment of Sun Engineering Works (P) Ltd. 1992 (9) TMI 1 - SUPREME COURT - Had the claim not been filed by the Assessee in its return of income, then certainly, the Assessee would not be entitled to claim the said deduction under the proceedings u/s. 147 of the Act, but it is not the case here. Hence, the contention of the ld. DR to the effect that the Assessee as per judgment of the Hon ble Apex Court in the case of Sun Engineering Works (supra) is not entitled to claim the deduction under challenge, is not tenable. Even otherwise, we observe that the legislature in its wisdom made the beneficial provisions for the deduction(s) under chapter VI-A of the Act, being social welfare legislation and claim of deduction u/s. 80IA is a substantive right and therefore, the purpose thereof cannot be defeated and frustrated. Even otherwise we do not find any reason and/or material to contradict the findings of the ld. Commissioner in coming to the conclusion for allowing the benefit of deduction claimed u/s. 80IA of the Act. Hence, in cumulative effect,we are inclined to uphold the impugned order. Consequently, the appeal of the Revenue Department is liable to be dismissed.
Issues Involved:
1. Denial of deduction under Section 80IA of the Income-tax Act, 1961. 2. Requirement to file Form 10CCB electronically along with the return of income. 3. Applicability of the judgment in CIT vs. Sun Engineering Works (P) Ltd. Issue-wise Detailed Analysis: 1. Denial of Deduction under Section 80IA: The primary issue in this case is whether the Assessee is entitled to a deduction under Section 80IA of the Income-tax Act, 1961, despite not filing the audit report in Form 10CCB electronically along with the return of income. The Assessee, engaged in power generation, claimed a deduction of Rs. 1,85,97,591/- under Section 80IA, which was disallowed by the Assessing Officer (AO) on the grounds that the audit report was not filed electronically with the return. The AO added this amount to the Assessee's total income. The Assessee appealed to the Commissioner of Income-tax (Appeals), who allowed the deduction, stating that the Assessee had fulfilled all conditions for the deduction and had filed the audit report electronically during reassessment proceedings. The Commissioner relied on the Supreme Court judgment in CIT Vs. G.M. Knitting Industries Pvt. Ltd., which held that filing the audit report during assessment proceedings suffices the requirement. 2. Requirement to File Form 10CCB Electronically: The Revenue Department argued that Rule 12(2) of the Income Tax Rules, effective from 01.04.2013, mandates the electronic filing of the audit report along with the return of income. The Department contended that the failure to comply with this requirement invalidates the deduction claim. The Assessee countered that the requirement to file Form 10CCB electronically is directory and not mandatory. The Assessee cited the Supreme Court judgment in G.M. Knitting Industries Pvt. Ltd., which held that filing the audit report before the final assessment order is sufficient compliance. 3. Applicability of CIT vs. Sun Engineering Works (P) Ltd.: The Revenue Department also argued that reassessment proceedings under Section 147 are for the benefit of the Revenue and should not be used to rectify procedural lapses by the Assessee. They cited the Supreme Court judgment in CIT vs. Sun Engineering Works (P) Ltd. to support their claim. The Assessee argued that the judgment in Sun Engineering Works is not applicable in this case because the deduction under Section 80IA was claimed in the original return of income, and the audit report was filed electronically during reassessment proceedings. The Assessee further argued that the proceedings before the Tribunal are meant to correctly assess the tax liability, and the assessment is not complete until the Tribunal's order is given effect. Conclusion: The Tribunal upheld the Commissioner's order, allowing the deduction under Section 80IA. It held that the requirement to file the audit report electronically is directory and not mandatory. The Tribunal relied on the Supreme Court judgment in G.M. Knitting Industries Pvt. Ltd. and the Madras High Court judgment in L & T Chennai-Tada Tollway Ltd., which emphasized that a substantive right cannot be denied due to procedural lapses. The Tribunal dismissed the Revenue Department's appeals, concluding that the Assessee had complied with the requirements by filing the audit report during reassessment proceedings.
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