Cosmos Engitech Pvt Ltd Vs DCIT (ITAT Ahmedabad)
The Ahmedabad Bench of the Income Tax Appellate Tribunal considered the assessee’s appeal against the order dated 30.8.2024 passed by the Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi under section 250 of the Income Tax Act, 1961, arising from an order passed by the Assessing Officer under section 143(3) for Assessment Year 2023-24. The sole issue concerned denial of the assessee’s claim of deduction under section 80JJAA on account of delay in filing Form No. 10DA relating to employees employed by the assessee-company.
The assessee submitted that the Chartered Accountant’s report in Form No. 10DA had been received on 22/09/2023 and that the UDIN had also been generated on 22/09/2023. However, due to certain issues, the report could not initially be uploaded online. According to the assessee, it was subsequently uploaded/filed before the concerned Assessing Officer applied his mind and before communication of intimation by the CPC under section 143(1). The lower authorities had rejected the deduction on the ground that Form No. 10DA was not filed on or before the due date prescribed under section 44AB, stated in the order as 30.9.2023.
The Tribunal noted that the audit report in Form No. 10DA had been filed with the concerned Assessing Officer before processing of the return. It observed that section 80JJAA is a deduction provision and not an exemption provision. Relying on the decision of the Hon’ble Supreme Court in CIT vs. G.M. Knitting Industries (P.) Ltd. [2016] 71 taxmann.com 35, the Tribunal held that the matter required reconsideration. It therefore set aside the impugned order of the CIT(A) and restored the matter to the Assessing Officer to examine the assessee’s case.
