TMI Blog2022 (4) TMI 1406X X X X Extracts X X X X X X X X Extracts X X X X ..... lectronically mandatory and as per the Rule 12 cited before the Bench, which is available on page no. 2 to 11 of the paper book, as with regard to Section 10A this mandatory requirement is effective retrospectively from 01.04.2014 so in the present assessment year of 2013-14, it was not actually applicable. Then furnishing the report by electronic means is merely one of the modes and nothing is cited on behalf of revenue to show that the noncompliance would result into non-consideration of the report submitted in physical form. The judgment which ld. Counsel for assessee has cited firmly lay down that the requirements under various provisions of the Act requiring assessee to file any report, are generally directory in nature and the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ) of the Act was completed by assessing officer (in short the AO) on 22.03.2016, determining assessed income at at Rs. 69,95,410/-, by making addition of Rs. 69,95,410/- as follows: (i) addition on account of disallowance of deduction claimed u/s 10AA of I.T.Act amounting to Rs. 51,49,533/-, (ii) addition of Rs. 18,45,881/- on account of income from other sources u/s 56 of I.T.Act. 3. In appeal, the Ld. CIT(A) had deleted the addition on account of income from other sources u/s 56 of the Act but confirmed the disallowance of Rs. 51,49,533/-. 4. Now before the Tribunal the assessee has raised following grounds of appeal :- 1. That the order of learned CIT(A) partly sustaining the order of the learned Assessing Officer is b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lant craves the leave to add, amend, modify, delete any of the grounds of appeal before or at the time of hearing and all the above grounds are without prejudice to each other. 5. Heard the Ld. AR and Ld. Sr. DR and perused the record. It was submitted on behalf of Ld. AR that the provision of Sections 10A of the Act was inserted with retrospective effect from 01.04.2014 while the case of assessee pertains to assessment year 2013-14. Ld. AR relied the following judicial pronouncements to contend that if the compliance is made before assessment was completed, law mandates that requirement of relevant provisions has been done. 1. CIT vs. G.M.Knitting Industries Pvt. Ltd. [2016] 71 taxmann.com35(SC) 2. CIT vs. Nagpur Hotel Own ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne of the modes and nothing is cited on behalf of revenue to show that the noncompliance would result into non-consideration of the report submitted in physical form. The judgment which ld. Counsel for assessee has cited firmly lay down that the requirements under various provisions of the Act requiring assessee to file any report, are generally directory in nature and the compliance is expected from the assessee any time before the framing of assessment. Particular reference can be made to the judgment of Hon ble Delhi High Court in the case of Commissioner of Income Tax vs Web Commerce (India) Pvt. Ltd. where in para no. 2, Hon ble High Court has held : This Court has already interpreted the latter provisions and has held the sam ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
