Home Income tax Corporate Income tax Filing of 10CCB Form Before Deadline U/S 139(1) is Not Compulsory, Delhi ITAT Allows Deduction

Filing of 10CCB Form Before Deadline U/S 139(1) is Not Compulsory, Delhi ITAT Allows Deduction

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Filing of 10CCB Form Before Deadline U/S 139(1) is Not Compulsory, Delhi ITAT Allows Deduction

Delhi ITAT's Order for Sanjay Kukreja

In response to an attraction made within the case of Sanjay Kukreja versus ACIT in opposition to the rejection of the declare for deduction u/s 80IA by the Revenue Tax division, the New Delhi ITAT, on Tuesday, reversed the choice, directing the assessing officer to permit claimed deduction on the grounds that submitting of audit report with Kind 10CCB earlier than the due date for submitting of revenue tax return u/s 139(1) of the IT Act, 1961 is non-compulsory and never obligatory.

The order was handed by the bench of ITAT comprising G.S. Pannu (Vice President) and Challa Nagendra Prasad (Judicial Member).

The assessee claimed a deduction beneath u/s 80IA whereas submitting his revenue tax return earlier than the due date. In response, he acquired a discover from the ADIT(CPC) demanding varied changes in his return and rejecting the declare beneath part 80IA citing the rationale that the individual didn’t file Kind 10CCB earlier than the due date.

In response, the assessee filed a revised return with corrections and in addition filed Kind 10CCB to say a deduction u/s 80IA. Whereas the return was processed, the declare was denied once more.

The Bench upon listening to the arguments from each events famous that the difficulty was to find out whether or not it’s obligatory or non-compulsory to file Kind 10CCB together with the ITR earlier than the due date u/s 139(1) for claiming deduction u/s 80IA.

Citing the case of CIT Vs. Contimeters Electricals Pvt. Ltd., the Bench concluded that the requirement of submitting Kind 10CCB for the audit report earlier than the due date is certainly not obligatory however a listing. As a conclusion, the ITAT bench allowed the attraction of the assessee to say a deduction u/s 80IA.

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