Eradicatus Infectus Pvt. Ltd Vs DCIT (ITAT Delhi)
The ITAT Delhi partly allowed the assessee start-up company’s appeal and held that deduction u/s 80IAC cannot be denied merely due to non-filing of Form 10CCB at the time of processing u/s 143(1). The assessee, a DPIIT-recognised start-up engaged in biomedical devices, had claimed deduction of ₹3.56 crore which CPC disallowed for want of Form 10CCB. The Tribunal observed that although section 80IA(7) read with section 80IAC requires filing of audit report, the failure to furnish Form 10CCB is a procedural defect and directory in nature. Considering that books were audited and eligibility was not disputed, the matter was remanded to the AO with direction to obtain Form 10CCB and allow the deduction if conditions are satisfied. Accordingly, the appeal was allowed for statistical purposes.
FULL TEXT OF THE ORDER OF ITAT DELHI
1. This appeal is filed by the assessee against the order of ld. Commissioner of Income-tax (Appeals) ADDL/JCIT(A)-1, Chandigarh (hereinafter referred to ‘ld. CIT (A)’) dated 19.09.2024 for Assessment Year 2023-24.
2. At the time of filing of appeal, the Registry has pointed out a defect that appeal is time barred by 198 days.
3. We have heard both the counsels on the issue of condonation of delay. In our considered opinion, there was a reasonable cause for the delay in filing the appeal. Therefore, we condone the delay in filing the appeal before the Tribunal.
