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TMI Blog2025 (2) TMI 493X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee'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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessee filed its original return of income for impugned assessment year on 31.10.2017. Thereafter, the assessee filed revised return of income on 18.09.2018 claiming deduction u/s. 80JJAA of the Act. The Assessing Officer (AO) rejected assessee's claim of deduction u/s. 80JJAA of the Act at threshold on the ground that assessee has claimed deduction in revised return of income filed u/s. 139(5) of the Act filed beyond time. Aggrieved, by assessment order dated 18.12.2019 the assessee carried the issue in appeal before the CIT(A). The First Appellate Authority endorsed view of the Assessing Officer and dismissed appeal of the assessee. The CIT(A) further held that report from the Accountant in Form 10DA was not filed within the scheduled dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.2015; & 2. Tarasafe International P. Ltd C/O Dutta Properties vs. DDIT, 2024 (10) TMI 363 decided on 03.10.2024. 4. Per contra, Shri Vipul Kashyap representing the department vehemently defending the impugned order submits, that in order to claim deduction u/s. 80JJAA of the Act, the assessee was required to make claim in the return of income filed u/s. 139(1) of the Act. The assessee made claim for the first time in revised return of income filed u/s. 139(5) of the Act and that to filed beyond time. Hence, claim of the assessee was rejected. He further submitted that the assessee was also required to furnish Form 10DA along with the original return of income. The requisite form was not furnished by the assessee along with the original ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... old on the ground that revised return of income was beyond time. The Hon'ble Apex Court in the case of CIT vs. G.M Knitting Industries (P.) Ltd. and AKS Alloys (P.) Ltd. (supra) 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. 6.1. The Coordinate Bench in the case of Tarasafe International P. Ltd. (supra) in somewhat similar case, placing reliance on the decision rendered by Hon'ble Apex Court in the case of G.M Knitting Industries (P.) Ltd. (supra) allowed assessee's claim of deduction u/s. 80JJAA of the Act. The Tribunal held that the Audit Report in Form 10DA even if not filed along ..... X X X X Extracts X X X X X X X X Extracts X X X X
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