9911796707
TMI Blog2025 (4) TMI 1437X X X X Extracts X X X X X X X X Extracts X X X X ..... to assessment year 2020-21. 2. From the perusal of the appellate order, it is seen that the assessee has failed to file the Audit Report in Form 10CCB within stipulated time period provided under the Act, therefore, the AO has disallowed the deduction under s. 80IC of the Act claimed by the assessee. 3. Before the Ld.CIT(A), the assessee claimed that the Audit Report was filed on 15.02.2021 i.e. the same day when return of income was filed being the last date of filing of return as extended from time to time by CBDT. He placed reliance on the judgement of the Co-ordinate Bench of ITAT in the case of Sanjay Kukreja vs ACIT in ITA No.652/Del/2023 dated 30.01.2024 wherein it is held that the delay in filing the Audit Report in Form 10CCB be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f deduction under s. 80 IC of the Act claimed at INR 64,04,787/- by holding that the Audit Report in Form 10CCB was not filed within stipulated time period as provided under the Act. Admittedly, the Audit Report was filed on 15.02.2021 for AY 2020-21 where the due date of filing of return of income was 30.11.2020 and the same was extended upto 15.02.2021. This position is clearly evident from the intimation order of CPC dated 24.12.2021 against which the present appeal is preferred. As per Section 80 IC r.w. Rule 18BBB of the Income Tax Rules, 1962 ("Rules"), it is provided that Audit Report under Form 10CCB should be filed one month before the due date of filing of return of income. In the instant case, the due date of filing of return of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Nair 259 ITR 727 (Ker.) 8. By following the above-mentioned judgements of various Hon'ble High Courts and also considered the order of the Hon'ble Supreme Court in the case of Suo Moto Writ Petition (supra) where limitation period was extended by Hon'ble Supreme Court falling under Covid period, we are of the view that there is no delay in filing the Audit Report in Form 10CCB in the instant case. Therefore, we allowed the said Audit Report to be considered for deduction under section 80 IC of the Act however, we are not aware whether the other conditions for claiming deduction under section 80 IC of the Act, have been coupled with or not. Therefore, the AO is directed to verify all such conditions and if it is found that the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
