Sunrise Industries (India) Ltd. Vs DCIT (ITAT Ahmedabad)
Income Tax Appellate Tribunal (ITAT), Ahmedabad, has ruled that a deduction under Section 80JJAA of the Income Tax Act, 1961, cannot be denied to an assessee merely because Form 10DA was filed after its prescribed due date, provided it was submitted along with the income tax return. The tribunal characterized the delay as a “mere lapse on part of the assessee on the procedural aspects,” asserting that substantive claims should not be disallowed on such grounds.
The case involved Sunrise Industries (India) Ltd., which had filed its income tax return for the assessment year 2023-24, declaring a total income of Rs. 6,80,46,430/-. In this return, filed on October 31, 2023, the company claimed a deduction of Rs. 72,04,913/- under Section 80JJAA of the Act.
According to Rule 19AB and Section 80JJAA, Form 10DA is required to be filed one month prior to the due date for filing the income tax return, which in this instance was September 30, 2023. However, Sunrise Industries filed Form 10DA on October 31, 2023, the same day it filed its income tax return, resulting in a delay of 30 days.
Subsequently, the return was processed under Section 143(1) of the Act. The deduction claimed under Section 80JJAA was disallowed, with the reason cited as the late filing of Form 10DA beyond the specified due date. This led to an addition of Rs. 72,04,913/- to the assessee’s income.
