TMI Blog2023 (5) TMI 1140X X X X Extracts X X X X X X X X Extracts X X X X ..... lia, failed to furnish the audit report in Form 10CCB r.w. 18 BBB before the specified date referred to Section 44AB of the Act, therefore, the lower authorities have rightly declined her claim for deduction u/s.80IB of the Act. As the assessee had failed to comply with the statutory conditions which rendered her eligible for claiming deduction u/s.80IB of the Act, therefore, finding no infirmity in the view taken by the lower authorities who had rightly declined her claim for deduction. Decided against assessee. - ITA No. 74/RPR/2023 - - - Dated:- 26-5-2023 - Shri Ravish Sood, Judicial Member For the Assessee : None For the Revenue : Shri Piyush Tripathi, Sr. DR ORDER PER RAVISH SOOD, JM The present appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... declined the assessee s claim for deduction u/s.80IB (11A) of the Act of Rs.16,86,650/-, for the reason that the audit report in the prescribed Form 10CCB was filed beyond the stipulated time period. 4. As the assessee appellant despite having been intimated about the hearing of appeal had neither put up an appearance nor filed any application for seeking adjournment, therefore, I am constrained to proceed with and dispose off the appeal as per Rule 24 of the Appellate Tribunal Rules, 1963, i.e. after hearing the respondent revenue and perusing the orders of the lower authorities. 5. I have heard the Ld. Departmental Representative (for short DR ), perused the orders of the lower authorities and the material available on record. Adm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly upto 15.02.2022. As observed by me hereinabove, the assessee had though filed her return of income for the year under consideration, i.e. A.Y.2021-22 on 23.02.2022, i.e. well within the extended time period but had failed to furnish the audit report in Form 10CCB as per the mandate of Section 80IB(11A) r.w 80IB(13) r.w 80IB(7) within the extended time period i.e. upto 15.02.2022. Considering the aforesaid factual position, the CIT(Appeals) had upheld the declining of the assessee s claim for deduction u/s.80IB(11A) of the Act observing, as under: 9. The appellant had filed its Return of Income as well as Form no 10CCB on 23.02.2022. Hence, while the Return of Income has been filed within the extended due date, the form 10CCB was file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... date of furnishing of reports of audit under any provision of the Act for the year under consideration i.e. A.Y.2021-22, which was 30th September, 2021 was for the said year extended to 15th February, 2022, but the assessee had filed the audit report in Form 10CCB only as on 23.02.2022. Although the assessee had filed his return of income within the extended period, i.e. 23.02.2022, but had delayed the filing of the audit report in Form 10CCB within the stipulated time period i.e. latest by 15th February, 2022. Although the delay involved in filing of the audit report in Form 10CCB when reckoned from the extended due date i.e. 15th February, 2022 is of only 8 days, but I am of the considered view, that as the assessee had failed to cumulat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rved by the Hon ble Apex Court that any vagueness in the exemption clauses must go to the benefit of the revenue, as the same being the creation of the statute itself has to be construed strictly. Elaborating on its aforesaid view, the Hon ble Apex Court had observed, that as exemptions have tendency to increase the burden on the other unexempted class of tax payers, therefore, a person claiming exemption has to establish that his case squarely falls within the exemption notification, and in case of any ambiguity such notification has to be construed against the assessee. Also, it was therein observed that the need to resort to any interpretative process arises only where the meaning is not manifest on the plain words of the statute. If the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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