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TMI Blog2024 (10) TMI 363X X X X Extracts X X X X X X X X Extracts X X X X ..... urt in the case of CIT, Maharashtra Vs. G. M. Knitting Industries Pvt. Ltd [ 2015 (11) TMI 397 - SC ORDER] wherein the Hon ble Supreme Court has held that, even though it is necessary to file certificate in Form 10CCB along with the return of income, but even if the same has not been filed with the return of income, but the same was filed before the final order of assessment was made, the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Form 10DA was available to the Ld. AO at the time of assessment proceedings. The assessee in this case filed the Form 10DA on 27.10.2023 as against the due date of 30.09.2023 but, the same was available to the AO at the time of processing the return of income as the notice u/s. 143(1)(a) of the Act was issued by the CPC to the assessee on 23.11.2023. 3. The issue is squarely covered by the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . However, the claim of the assessee in the case in hand is u/s. 80JJAA of the Act under Chapter VIA of the Act. The Hon ble Supreme Court in para 11 of the judgment in the case of M/s. Wipro Ltd. (supra) has clarified the position that the exemption provisions are to be strictly adhered to whereas the decision of the Hon ble Supreme Court in the case of G. M. Knitting Industries Pvt. Ltd. (supra) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ons. Even otherwise, Chapter III and Chapter VIA of the Act operate in different realms and principles of Chapter III, which deals with income which do not form a part of total income , cannot be equated with mechanism provided for deductions in Chapter VIA, which deals with deductions to be made in computing total income . Therefore, none of the decisions which are relied upon on behalf of the as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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