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2023 (7) TMI 562 - AT - Income TaxDeduction u/s. 80-IA - assessee filed Form 10CCB beyond the prescribed date - CIT(A) held that filing of report of audit in form 10CCB within due prescribed time is a mandatory requirement, and since the assessee failed to do so confirmed disallowance made by AO - HELD THAT:- Recently, in the case of DCIT vs. Croygas Equipments Pvt. Ltd. [2023 (7) TMI 166 - ITAT AHMEDABAD] have dealt aspect of whether benefit u/s. 10AA of the Act could be denied to the assessee if the assessee failed to fill Form 56F along with return of income, which however was subsequently filed by the assessee before the Assessing Officer, before the conclusion of assessment. Further, in this case, also distinguished the decision of Wipro Ltd. supra [2022 (7) TMI 560 - SUPREME COURT] which was rendered by the Hon’ble Supreme Court on a different set of facts. As relying on S.A. Himnani Distributors (P.) Ltd. [2014 (7) TMI 783 - GUJARAT HIGH COURT] held such deduction cannot be denied on account of a procedural/technical default by the assessee CIT(A) has erred in facts and in law in not allowing the claim of the assessee on the ground that benefit of section 80-IA of the Act is not available to the assessee if the assessee does not e-file Form 10CCB along with return of income when the assessee admittedly furnished From 10CCB, prior the return of income filed by the assessee being processed by the Department u/s. 143(1) - Decided in favour of assessee.
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