TMI Blog2024 (3) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... t in this case, Form 10CCB was filed before the intimation u/s 143(1) dated 08.02.2019. In these circumstances, the case laws point out that deduction is to be allowed. See G.M. KNITTING INDUSTRIES (P.) LTD. AKS ALLOYS (P.) LTD. [ 2015 (11) TMI 397 - SC ORDER] wherein held that even if form 3AA was not filed along with return of income but the same was filed during the assessment proceedings and before the final order of the assessment was made that would amount to sufficient compliance. Also see GREEN DOT HEALTH FOODS PVT. LTD. [ 2023 (2) TMI 516 - ITAT DELHI] - Appeal of the assessee stands allowed. - Sh. Shamim Yahya, Accountant Member And Ms. Astha Chandra, Judicial Member For the Assessee : Shri Amit Goel, C.A. And Shri Pranav Yadav, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ,86,560/-. The assessee received intimation under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as the Act ) dated 08.02.2019 wherein the income has been computed at Rs. 1,40,00,690/-. The deduction under section 80IC of the Act has been denied on the ground that the audit report in Form No.10CCB was not filed within the due date. 4. Against this order, assessee appealed before the CIT(A). Learned CIT(A) noted as under: It is submitted that the same cannot be a ground for denial of deduction u/s 80IC of the IT Act. The income tax return was filed within due time. The claim of deduction u/s 80IC alongwith the amount thereof has been duly mentioned in the return of income. The audit report in Form 10CCB has been signed b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed Counsel for the assessee relied upon several case laws as under: i. CIT vs. GM Knitting Industries Pvt. Ltd. 2015(11) TMI 397 SC Order ii. ACIT vs. Green Dot Health Foods Pvt. Ltd. 2023(2) TMI 516 ITAT Delhi iii. ITO vs. Marathon India Ltd. 2018(6) TMI 1831 ITAT Jaipur iv. Rajesh Kumar Agarwal vs. DCIT 2023 (5) TMI 357 ITAT Jaipur v. CIT vs. Web Commerce (India) Pvt. Ltd. 2008 (12) TMI 13 Delhi High Court 7. Per contra, learned DR relied upon the order of authorities below. 8. Upon careful consideration, we find that in this case, Form 10CCB was filed before the intimation under section 143(1) dated 08.02.2019. In these circumstances, the case laws point out that deduction is to be allowed. In this regard, we may refer to Hon ble Supreme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction u/s 80IC of the Act by AO but allowing the claim of the assessee by CIT(A). The only reason for denying the claim of deduction u/s 80IC of the Act by AO was that the Form 10CCB was uploaded by the assessee on the website of the Income-tax Department on 10.11.2017 whereas the return of income was filed on 24.10.2017 and the return of income was processed u/s 143(1) of the Act on 30.10.2018. We find that CIT(A) while deciding the issue in favour of the assessee has given the finding that though there was delay in upholding Form 10CCB but the same was uploaded before the return of income was processed u/s 143(1) of the Act. For allowing the ground of assessee, CIT(A) had relied on the decision of Hon'ble Delhi High Court in the c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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