2025 (2) TMI 493 - AT - Income Tax

Disallowance of deduction u/s. 80JJAA - assessee has claimed deduction in revised return of income filed u/s. 139(5) of the Act filed beyond time - HELD THAT - The assessee for the first time made claim of deduction u/s. 80JJAA in revised return of income filed u/s. 139(5) of the Act on 18.09.2018. The assessment in the case of assessee was completed based on revised return of income. Thus at the time of making assessment the mandatory Form 10DA for claiming deduction u/s. 80JJAA was available with the AO. Assessee s claim was rejected at threshold by the AO as he was of the view that claim of deduction u/s. 80JJAA was not made in the time. AO completed the assessment based on assessee s revised return of income. Once the AO accepts revised return of income the AO is bound to consider deductions claimed therein. Assessee s claim of deduction cannot be rejected at threshold on the ground that revised return of income was beyond time. Hon ble Apex Court in the case of CIT vs. G.M Knitting Industries (P.) Ltd. and AKS Alloys (P.) Ltd. 2015 (11) TMI 397 - SC ORDER has held that even if the prescribed form for claiming deduction is filed during assessment proceedings before passing of assessment order it would be sufficient compliance of the provisions of the Act. We find merit in the case of assessee. The deduction claimed u/s. 80JJAA of the Act is allowable to the assessee subject to the other conditions being satisfied as prescribed under said section for claiming deduction. Since claim of the assessee was rejected at the brink we deem it appropriate to restore the matter back to AO for limited purpose to examine as to whether assessee qualifies the other conditions set out in the section and quantify assessee s claim of deduction u/s. 80JJAA - appeal of the assessee is allowed for statistical purposes.

Summary

The appeal before the Appellate Tribunal involved the disallowance of the assessee's claimed deduction under section 80JJAA of the Income Tax Act, 1961. The key issue revolved around whether the assessee's claim for deduction was valid, considering the timing of the claim and the submission of the required Form 10DA.The assessee, engaged in manufacturing and trading of copper & copper alloy products, initially failed to claim the deduction in the original return of income but later filed a revised return within the time limit to revise the return. The Assessing Officer rejected the claim on the grounds that it was filed beyond the specified time and that the mandatory Form 10DA was not submitted with the original return. The CIT(A) upheld the AO's decision, emphasizing the failure to file Form 10DA on time.In defense of the claim, the assessee argued that the necessary documents were available to the AO at the time of assessment and that the procedural irregularity of not claiming the deduction in the original return should not invalidate the claim. The assessee cited relevant case law to support their position.On the other hand, the department contended that the claim was not made in the original return as required and that the Form 10DA was not submitted on time, without any application for condonation of delay. The department argued that these procedural lapses rendered the claim invalid.The Tribunal considered the arguments from both sides and the decisions of the authorities below. It noted that the mandatory Form 10DA was available to the AO during assessment based on the revised return of income. Citing relevant case law, the Tribunal held that the acceptance of the revised return obligated the AO to consider the deductions claimed therein, even if filed beyond the original deadline.Ultimately, the Tribunal found merit in the assessee's case and allowed the appeal for statistical purposes. The Tribunal directed the matter back to the AO to examine whether the assessee met the other conditions for claiming the deduction under section 80JJAA and to quantify the claim accordingly.In conclusion, the Tribunal ruled in favor of the assessee, emphasizing that the availability of the necessary documents during assessment justified the allowance of the deduction claimed under section 80JJAA, despite procedural irregularities. The Tribunal's decision highlighted the importance of substance over form in tax assessments and the obligation of the AO to consider valid claims made in revised returns.