TMI Blog2023 (2) TMI 516X X X X Extracts X X X X X X X X Extracts X X X X ..... IT-A allowed deduction - HELD THAT:- CIT(A) while deciding the issue in favour of the assessee has given the finding that though there was delay in upholding Form 10CCB but the same was uploaded before the return of income was processed u/s 143(1) - For allowing the ground of assessee, CIT(A) had relied on the decision of Contimeters Electricals (P.) Ltd. [ 2008 (12) TMI 4 - HIGH COURT DELHI] and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ri Rajendra Jha, Sr. D.R. ORDER PER ANIL CHATURVEDI, AM : This appeal filed by the Revenue is directed against the order dated 16.08.2019 of the Commissioner of Income Tax (Appeals)-4, New Delhi relating to Assessment Year 2017-18. 2. Brief facts of the case as culled out from the material on record are as under :- 3. Assessee is a company who filed its return of income for A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e as per the provision of section 80IA(7) which is pre-condition of claiming the deduction . 5. Before us, Learned DR submitted that assessee had filed the return of income declaring taxable income at Rs. 6,24,70,710/- inter alia by claiming deduction of Rs. 2,31,17,115/- u/s 80IC of the Act. He submitted that for claiming deduction u/s 80IC of the Act, assessee is required to furnish report i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... not be denied. 7. We have heard the rival submissions and perused the material available on record. The issue in the present ground is about the denial of claim of deduction u/s 80IC of the Act by AO but allowing the claim of the assessee by CIT(A). The only reason for denying the claim of deduction u/s 80IC of the Act by AO was that the Form 10CCB was uploaded by the assessee on the website of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of income but when the same was filed before the final order of assessment was made, assessee was entitled to claim deduction. Before us, Revenue has not pointed to any contrary binding decision in its support nor has pointed to any fallacy in the findings of CIT(A). We, therefore, find no reason to interfere with the order of CIT(A) and thus the ground of Revenue is dismissed. 8. In the resu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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