Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2024 (2) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2024 (2) TMI 41 - AT - Income TaxDeduction u/s 80-IA - non-filing of Form 10CCB before due date specified in section 44AB - whether the Form 10CCB is mandatorily to be filed along with the return or the due date specified u/s 139(1) for claiming deduction u/s 80IA? - HELD THAT:- We observe that in the case of CIT Vs. Contimeters Electricals Pvt. Ltd. [2008 (12) TMI 4 - HIGH COURT DELHI] held that the requirement of filing the audit report along with the return is not mandatory but directory and that if the audit report is filed at any time before framing of assessment the requirement of section 80IA(7) would be met observing. Similar view has been taken in the case of PCIT vs. Surya Merchands Ltd. [2016 (5) TMI 947 - ALLAHABAD HIGH COURT] and in the case of CIT Vs. Sanjay Kumar Bansal [2013 (7) TMI 87 - UTTARAKHAND HIGH COURT] and ACE Multi Taxes Systems Pvt. Ltd. [2009 (1) TMI 260 - KARNATAKA HIGH COURT]. Thus we hold that filing of audit report in Form 10CCB before the due date for filing of return of income u/s 139(1) is only directory and not mandatory for the year under consideration. Thus, we direct the AO to allow deduction claimed u/s 80IA. Grounds raised by the assessee are allowed.
|