Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2022 (8) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2022 (8) TMI 119 - AT - Income TaxDeduction u/s 80IA - necessary certificate in the form of 10CCB along with the return of income had not been filed - harmonious reading of section 80A and section 80AC of the Act shows that the assessee having failed to claim deduction u/s 80IA of the Act in his return of income filed within the due date specified u/s 139(1) - main contention of the assessee’s counsel is that assessee filed original return u/s 139(1) in time on 2.11.2017 Later the assessee filed revised return u/s 139(5) of the Act on 3.9.2018 - HELD THAT:- We are fully in agreement with the contention of the A.R. that if the audit report in form No.10CCB if made available to the AO before framing assessment or processing of return u/s 143(1) of the Act, the assessee is entitled for deduction u/s 80IA of the Act. However, the Ld. A.R. not able to demonstrate that assessee has actually and digitally filed the form No.10CCB (audit report) along with the revised return of income filed by the assessee digitally so as to make available to the AO. In view of this, we remit this issue to the file of the AO with the direction to the assessee to prove that assessee has actually filed the audit report in form No.10CCB before the AO before passing of the intimation u/s 143(1)(a) of the Act. Accordingly, the issue remitted to the file of the AO for de-novo consideration. Appeal of the assessee is partly allowed for statistical purposes.
|