Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2020 (11) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2020 (11) TMI 214 - AT - Income TaxDisallowance u/s 80JJAA - assessee is not engaged in manufacture or production of an article or thing as per the conditions laid down under section 80JJAA and the condition of 300 days to be fulfilled by the regular workmen as per the provisions does not stand fulfilled - AR submitted that, this is the 3rd year of claim by assessee - HELD THAT:- AO regarding nonsatisfaction with respect to additional wages paid to new employees in the 1st year of employment is concerned, this Tribunal has expressed following view in case of Texas Instruments (India) Pvt.Ltd [2020 (3) TMI 1195 - ITAT BANGALORE] - There is no doubt that assessee cannot be denied deduction under section 80JJAA of the Act, provided that, such employees fulfils the condition of being employed for 300 days for year under consideration , even though such employees do not fulfil the condition of being employed for 300 days in the immediately preceding assessment year. Details fulfilment of number of days of such employees, on whose salary deduction has been claimed by assessee, are not available on record. Therefore, we are unable to verify, whether necessary condition of 300 days stands fulfilled. We also agree with Ld.CIT.DR that nothing on record placed before us reveals that this is the 3rd year of claim by assessee as has been submitted - issue needs to be remanded to Ld.AO to verify these details in terms of new employees having satisfied the 300 days criteria during the year. We direct assessee to provide all details regarding number of regular workmen/employees, number of new workmen/employees added for each of the immediately three preceding assessment years to Ld.AO. Ld.AO is then directed to analyse fulfilment of the condition in respect of new employees/workmen against whom the claim has been made by assessee under section 80JJAA of the Act. Ld.AO is then directed to allow deduction under section 80 JJAA Foreign Tax credit - HELD THAT:- AO rejected the claim as assessee had made the additional FTC, by way of written submission without any evidences. In our view this issue needs to be remanded to Ld.AO to consider the claim of assessee in light of evidences/documents filed by assessee. Accordingly, the issue too is remanded to Ld.AO. Assessee is directed to file all requisite details in support of its claim in accordance with law which shall be considered by Ld.AO upon verification. Appeal filed by assessee stands allowed for statistical purposes.
|