Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram
Income Tax - Highlights / Catch Notes

Home Highlights January 2025 Year 2025 This

ITAT upheld AO's denial of deduction u/s 10A due to defective ...


Tax Deduction Denied: ITAT Rules Form 56F Invalid When Not Certified by Qualified Chartered Accountant u/s 10A.

January 24, 2025

Case Laws     Income Tax     AT

ITAT upheld AO's denial of deduction u/s 10A due to defective Form 56F filing. The form, signed by "Deloitte Haskins and Sells," failed to meet statutory requirements as it lacked proper certification by an "Accountant" as defined u/s 288(2). The tribunal emphasized that certification must be provided by a Chartered Accountant qualifying u/s 2(1)(b) of the Chartered Accountants Act, 1949. The assessee's inability to demonstrate that the signing entity met the definition of an "Accountant" u/s 10A(5) rendered the form defective. CIT(A)'s favorable ruling was reversed, and deduction claim was rejected.

View Source

 


 

You may also like:

  1. Deduction u/s. 10AA - assessee failed in E-filing form 56F along with return of income - CIT(A) has not erred in facts and in law in allowing the claim of the assessee...

  2. Disallowance of weighted deduction u/s. 35(2AB) - research and development (R&D) expenditure - The Income Tax Appellate Tribunal (ITAT) considered the arguments...

  3. Claim of deduction on business expenses incurred for earning remuneration from the firm - assessee a qualified Chartered Accountant was a partner in two firms -...

  4. Addition of capital contribution by partners in assessee firm cannot be made in hands of firm; any addition, if required, should be in hands of individual contributing...

  5. Denial of deduction u/s 10AA - assessee contended that filing of Audit Report as required u/s.10AA(8) of the Act, is procedural and directory in nature and thus, for...

  6. Deduction u/s 10B denied - alternative claim of deduction u/s 10A was not entertained by the CIT(A) primarily for the reason that the assessee had not claimed the same...

  7. Disallowance of interest paid on unsecured loans - Non-deduction of TDS - Once Form No. 15G & 15H are duly submitted by the assessee before the department, then assessee...

  8. The ITAT allowed the deduction u/s 10AA, restoring the assessee's claim. Despite the delay in filing Form 56F, a crucial certification by a Chartered Accountant...

  9. Relief u/s. 90 - Foreign Tax Credit (FTC) - In the instant case, the delay in filing of the FTC certificate in Form-67 was explained to be due to non receipt of the tax...

  10. Amends Form 3CF, Form 10A, Form 10AB, Form 10BD and Form 10BE - Income-tax (Fourteenth Amendment) Rules, 2022 - Notification

  11. Transitional credit - revision of the Form TRAN-1 and Form TRAN-2 - The interest of justice would be served if we allow the petitioner to correct Form TRAN-1 in Writ...

  12. The appeal filed by the assessee company was dismissed by the Income Tax Appellate Tribunal on the grounds that the Form 36 (memo of appeal) was not duly verified as per...

  13. Assessee's claim for foreign tax credit u/s 90 allowed despite delay in filing Form No. 67 after due date of filing return u/s 139(1). Delay in filing Form 67 cannot...

  14. Foreign Tax Credit u/s. 90 - Assessee did not file Form 67 at the time of filing of her return of income - Referring to established case law, the Tribunal affirmed that...

  15. Deduction u/s 35(2AB) - Under Rule 6(7A), the Department of Scientific and Industrial Research is required to submit its report to the Income Tax Authorities in Form 3CL....

 

Quick Updates:Latest Updates