TMI Blog2023 (4) TMI 795X X X X Extracts X X X X X X X X Extracts X X X X ..... ely because of any bona fide mistake or error on the part of the taxpayer, rather, the Income Tax Authorities should assist the concerned assessees in filing their correct returns of income. This is not the case of the Department that the assessee was not entitled to the deduction claimed u/s 80IA. As decided in G. M. Knitting Industries (P) Ltd. Others [ 2015 (11) TMI 397 - SC ORDER] that even though, necessary certificate in Form 10CCB along with the return of income has not been filed, but, if the same was filed before the final order of assessment, the assessee, even in such circumstances, would be entitled for claim of deduction u/s 80IB of the Act. The facts of the assessee's case are on much better footing. The assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 43(1) of the Income Tax Act, 1961 (Act), thereby violating the principles of natural justice. 2(a). On the facts and in the circumstances of the case and in law, the Ld. CIT(Appeals) grossly erred in upholding the disallowance made by the Ld. ADIT-CPC under section 80-IA of the Act of Rs.4,019,494 on the pretext that the appropriate schedules in the Income Tax Return was not filled properly without appreciating the facts that the Assessee has correctly filled all the details mentioned by the Ld. CIT(Appeals) in its revised return of income. 2(b) On the facts and in the circumstances of the case and in law, the Ld. CIT(Appeals) grossly erred in upholding the disallowance under section 80-IA of the Act merely on the basis of procedu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5(a) On the facts and in the circumstances of the case, the Ld. CIT(A) erred in upholding the levy of excess interest under section 234B and 234C of the Act of Rs 72,940 and Rs 60,381 respectively. 5(b) On the facts and in the circumstances of the case, the Ld. CIT(Appeals) has erred in upholding the action of the learned ADIT-CPC in levying interest under section 234C of the Act without appreciating the fact that interest under section 234C is required to be computed on the income as declared in the Return of Income and not on the income as computed in the intimation passed under section 143(1) of the Act. 2. Ground Nos.1(a) 1(b) are general in nature and does not require any specific adjudication. 3. Ground Nos.2(a) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has not been pointed out by the CIT(A) as to what was the error in filling up the schedule etc. In fact, the reasons pointed out by the CPC as well as reasons given by the CIT(A) are vague and ambiguous. It is neither the case of the Assessing Officer nor of the CIT(A) that the assessee is not entitled to claim deduction u/s 80IA of the Act. The CPC has denied the claim only on the basis of vague and ambiguous reasons. It has been held time and again by the courts of law that the Income Tax Authorities must charge the legitimate taxes from the taxpayers. If an assessee is entitled to certain deductions under the provisions of the Income Tax Act, the same should not be disallowed, merely because of any bona fide mistake or error on the part ..... X X X X Extracts X X X X X X X X Extracts X X X X
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