2025 (2) TMI 1196 - AT - Income Tax

Denial of deduction u/s 80JJAA - filing Form-10DA belatedly - HELD THAT - Respectfully following the decision of of Association of Indian panel board Manufacturer 2023 (3) TMI 1374 - GUJARAT HIGH COURT and also case of Akuntha Projects (P) Ltd 2024 (5) TMI 1076 - ITAT AHMEDABAD we are of the considered opinion that Form-10DA filed belatedly on 17/10/2023 by assessee should have been considered by the authorities for the purpose of deduction U/s. 80JJAA of the Act. We accordingly set-aside the impugned order and restore the issue to the file of the AO to consider Form-10DA of the Act and take a view according to law. Appeal of the assessee is allowed for statistical purposes.

Summary

The Appellate Tribunal (ITAT Hyderabad) allowed the assessee's appeal for AY 2023-24 against the denial of deduction under Section 80JJAA of the Income Tax Act, 1961 due to belated filing of Form-10DA. The Tribunal noted that the return was filed timely, but Form-10DA was submitted late on 17/10/2023 owing to technical glitches in the Income Tax Department portal, while the Intimation under Section 143(1) was issued on 10/05/2024.Relying on the coordinate Bench decision in Akuntha Projects (P.) Ltd vs. Deputy Director-CPC (2024) 162 taxmann.com 861 and the Gujarat High Court ruling in Association of Indian Panelboard Manufacturer vs. Dy. CIT (2023) 157 taxmann.com 550, the Tribunal held that "although the requirement of furnishing report was mandatory, filing thereof is a procedural aspect." The Tribunal also referenced the Supreme Court decision in CIT vs. G.M. Kniting Industries (P.) Ltd (2016) 71 taxmann.com 35.Given that Form-10DA was available on record before the date of Intimation and similar relief was granted in the sister concern's case, the Tribunal set aside the impugned order and remanded the matter to the Assessing Officer to consider the belatedly filed Form-10DA for allowing deduction under Section 80JJAA "according to law." The appeal was allowed for statistical purposes.