Built Up Vs ADIT (ITAT Pune)
The assessee, a partnership firm engaged in the business of builders and developers, filed an appeal against the order of the Addl./JCIT(A), Jodhpur, dated 29.09.2025 for Assessment Year 2018-19. The Tribunal first condoned a delay of 76 days in filing the appeal after being satisfied that sufficient cause had been shown.
The dispute related to the disallowance of the assessee’s claim of deduction of Rs. 51,15,435 under Section 80IB(10) of the Income-tax Act on the ground that the audit report in Form No. 10CCB had not been filed within the prescribed time.
The assessee had filed its return of income on 27.10.2018, before the extended due date of 31.10.2018, declaring Nil income after claiming deduction under Section 80IB(10). Although the audit report in Form No. 10CCB was dated 05.10.2018, it was uploaded only on 13.12.2018, instead of on or before the due date for filing the return. The CPC, by an order dated 04.07.2019 under Section 143(1), disallowed the deduction on the ground that Form No. 10CCB had not been filed along with the return or before the due date under Section 139(1).
The assessee filed rectification applications dated 06.06.2020 and 19.04.2021, both of which were rejected by the CPC on 12.07.2020 and 11.05.2021, respectively.
