Case Law Details
ACIT Vs Green dot Health Foods P Ltd (ITAT Delhi)
The assesse company filed ITR 24-10-17 [Extended date 07-11-2017] and filed Form 10CCB 10-11-2017 for claiming deduction u/s 80-IC, a delay of 3 days. Return u/s 143(1) was processed on 30-10-2018 ie after filing of ITR and Form 10CCB. Ld AO acting through CPC Begluru added the deduction of RS 2,31,17,115/- being Form 10CCB not filed along with return of Income. Ld CIT(A) relying on CIT vs Contimeters Electricals P Ltd [2009] 178 Taxmann 422 (Delhi) and other decision of Hon’ble Supreme Court in the case of CIT vs G M Knitting Industries P Ltd 376 ITR 456 [2017] 71 Taxmann.com 35 (SC) has held that filing of Form 10CCB to claim deduction u/s 80-IC is directory in nature and not mandatory. It’s sufficient if the same is filed before passing the assessment order. Hence, Appeal of Revenue Dismissed. Relief allowed to assesse.
FULL TEXT OF THE ORDER OF ITAT DELHI
This appeal filed by the Revenue is directed against the order dated 16.08.2019 of the Commissioner of Income Tax (Appeals)-4, New Delhi relating to Assessment Year 2017-18.
2. Brief facts of the case as culled out from the material on record are as under :-
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