Case Law Details
Ginza Industries Ltd Vs DCIT (ITAT Kolkata)
ITAT Kolkata held that rejection of deduction claimed under section 80JJAA of the Income Tax Act on the basis of minor technical defect is unsustainable. Moreover, audit report has given complete clarity of the deduction.
Facts-
The assessee filed return of income for AY 2013-14 and AY 2014-15 by claiming deduction under section 80JJAA of the Income Tax Act. Case was selected for scrutiny through CASS followed by serving of valid notice u/s. 143(2) and 142(1) of the Act. Certain disallowances were made including partly allowing the deduction u/s. 80JJAA of the Act for both the years which was challenged by the assessee before the Ld. CIT(A) but failed to get any relief. Aggrieved, assessee is in appeal before this Tribunal for both the years.
It is submitted that for alleged defect of inserting columns 11 and 12 in the annexure to Form 10DA, Ld. AO restricted the deduction u/s. 80JJAA of the Act only to the extent of 30% of the additional wages paid for the particular year.
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