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2014 (2) TMI 129 - HC - Income TaxDisallowance u/s 80IB of the Act Procedural requirements not made - Form 10CCB not submitted Held that - The appellant has not made out any ground why such report could not be filed earlier - In the application filed for taking into account the additional document on record also, no valid grounds are made out - even to be able to produce additional evidence before the appellate Commissioner, the assessee has to satisfy the conditions of sub-Rule (1) thereof and further the Rule requires the appellate authority to record his reasons in writing for admitting such additional evidence. The assessee simply cannot for the first time present such document before the High Court and seek benefit of the deduction on the basis of such document - The appellate jurisdiction of the High Court under section 260A of the Act permits taking into account the substantial question of law and not examine the factual disputes - Further a mere presentation of report under Form 10CCB would not enable the assessee to claim deduction under section 80IB - The form and the report would enable the Assessing Officer to examine the claim and different calculations on the basis of which the claim is sought to be substantiated the question cannot be gone into in the Tax Appeal before the High Court under section 260A of the Act Relying uponCommissioner Of Income-Tax Versus Nagpur Hotel Owners Association 2000 (12) TMI 99 - SUPREME Court - Since appeal would be continuation of the assessment proceedings, filing of the material at an appellate stage would satisfy the requirement of presenting the same before completion of the assessment there was no reason for interference in the order of the Tribunal though for reasons somewhat different from those recorded by the Tribunal Decided against Assessee.
Issues Involved:
1. Disallowance of Section 80IB claim due to non-submission of Form 10CCB during assessment proceedings. Detailed Analysis: 1. Disallowance of Section 80IB Claim: The core issue revolves around whether the Income Tax Appellate Tribunal (the Tribunal) was justified in disallowing the appellant's Section 80IB claim solely because Form 10CCB was not submitted during the assessment proceedings. Background: The appellant, a company engaged in manufacturing, claimed a deduction under Section 80IB for the Assessment Year 2003-04. The Assessing Officer (AO) disallowed this claim, citing the appellant's failure to submit the mandatory Form 10CCB with the return of income, as required under Section 80IB(13) read with Section 80IA(7). Appeal to CIT(A): The appellant contested the AO's decision before the Commissioner of Income Tax (Appeals) [CIT(A)], arguing that similar claims had been allowed in previous years. The CIT(A) accepted this argument and directed the AO to allow the deduction, following the precedent set in earlier years. Tribunal's Decision: The Revenue appealed to the Tribunal, which reversed the CIT(A)'s decision. The Tribunal emphasized that the mandatory Form 10CCB was not submitted even during the assessment proceedings, thus upholding the AO's disallowance. Appellant's Argument Before High Court: The appellant argued that the Tribunal erred in its judgment, contending that the submission of Form 10CCB at the appellate stage should suffice for compliance under Section 80IB. The appellant cited several precedents, including decisions from the Supreme Court and various High Courts, to support the argument that procedural lapses could be rectified at the appellate stage. Respondent's Argument: The Revenue maintained that the failure to submit Form 10CCB during the assessment proceedings was a critical lapse that invalidated the deduction claim. Therefore, the Tribunal's decision to disallow the claim was justified. High Court's Analysis: The High Court acknowledged the Tribunal's observations and noted that the appellant had not presented Form 10CCB even at the appellate stage before the CIT(A) or the Tribunal. The Court highlighted the procedural requirements under Rule 46A of the Income Tax Rules, 1962, which govern the submission of additional evidence at the appellate stage. The Court emphasized that the appellant had not provided any valid reasons for failing to submit the form earlier. Conclusion: The High Court concluded that without any justification for the delay in submitting Form 10CCB, the appellant could not claim the deduction under Section 80IB. The Court dismissed the appeal, affirming the Tribunal's decision, albeit for different reasons. The High Court clarified that the appellate jurisdiction under Section 260A of the Income Tax Act is limited to substantial questions of law and does not extend to examining factual disputes or procedural lapses rectified at the appellate stage. Civil Application: In light of the dismissal of the appeal, the related Civil Application was also disposed of. Summary: The High Court upheld the Tribunal's decision to disallow the appellant's Section 80IB claim due to the non-submission of Form 10CCB during the assessment proceedings. The Court emphasized the importance of procedural compliance and ruled that the appellant had not provided sufficient justification for the delayed submission of the mandatory form. The appeal was dismissed, reinforcing the procedural requirements for claiming deductions under the Income Tax Act.
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