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TMI Blog2022 (7) TMI 694X X X X Extracts X X X X X X X X Extracts X X X X ..... ith 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. - I.T.A. No.32/Viz/2021 - - - Dated:- 14-7-2022 - Shri Duvvuru Rl Reddy, Hon ble Judicial Member And Shri S Balakri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... come. The return of income filed by the assessee was selected for scrutiny under CASS and accordingly statutory notices U/s. 143(2) and 142(1) were issued electronically called for information. Based on the information furnished by the assessee during the assessment proceedings, the AO noticed that the assessee has not filed Form-10CCB as prescribed under Rule 18BBB of the IT Rules, 1962 along with ITR filed U/s. 139(1) or 139(9) of the Act. Accordingly, the AO disallowed the deduction claimed U/s. 80IB of the Act and added 2,35,97,287/- to the total income of the assessee. Aggrieved by the order of the Ld. AO, the assessee filed an appeal before the CIT(A). The Ld. CIT(A) considering the submissions made by the assessee s Representative re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... record and the orders of the Authorities below. 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. The Ld. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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