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2022 (12) TMI 1087 - AT - Income TaxDeduction u/s 80IA - deduction denied on non-filing of Form 10CCB along with the return of income - HELD THAT':- As assessee filed the audit report in Form 10CCB for claiming deduction under section 80IA of the Act on 13.11.2017. The processing of return under section 143(1) of the Act was done by the CPC, Bengaluru and issued intimation dated 16.03.2019, which is much after the filing of audit report. This being the case, this issue is squarely covered by the decision of AKS Alloys (P.) Ltd. [2011 (12) TMI 39 - MADRAS HIGH COURT] which was duly affirmed by CIT v. G.M. Knitting Industries (P.) Ltd. [2015 (11) TMI 397 - SC ORDER] as held that even though necessary certificate in Form 10CCB has to be filed along with the return of income, but, even if the same was filed before the final order of assessment was made, the assessee is entitled to claim deduction under section 80IB of the Act. Thus we are of the considered opinion that once the assessee has filed an audit report in Form 10CCB on 13.11.2017 and processing of return under section 143(1) was done by the CPC, Bengaluru on 16.03.2019, which is an event much after, the assessee is fully entitled to claim deduction under section 80IA of the Act. Accordingly, we set aside the orders of authorities below on this issue and direct the Assessing Officer to allow the claim of deduction under section 80IA of the Act. Thus, the ground raised by the assessee is allowed.
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