Tasa Foods Private Limited Vs DCIT (ITAT Bangalore)
Portal Cannot Demand a Form It Did Not Provide—ITAT Allows ₹94.85 Lakh Deduction u/s 80-IB on Scanned Form 10CCB
The controversy
The assessee, Tasa Foods Private Limited, was engaged in manufacturing, processing & selling fruit products. It had established a manufacturing plant at Chittoor, Andhra Pradesh, for processing fruits and vegetables.
For AY 2018-19, the assessee filed its return on 28 November 2018 declaring total income of ₹1,55,21,730 after claiming deduction of ₹94,84,865 u/s 80-IB.
On the same date, the tax auditor uploaded Form Nos.3CA & 3CD, Form No.3CEB relating to international or specified domestic transactions & Form No.29B concerning MAT u/s 115JB.
The auditor had also prepared and signed Form No.10CCB on 30 October 2018, well before the return-filing due date. However, the income-tax portal did not provide either an online facility or offline utility for independently filing Form No.10CCB.
The auditor therefore scanned the duly signed physical Form No.10CCB and uploaded it as an attachment to Form Nos.3CA & 3CD.
CPC denied deduction despite portal limitation
CPC issued a communication u/s 143(1)(a), proposing to deny the deduction because the corresponding Schedule 80-IB or Form No.10CCB had not been electronically filed within the prescribed time.
