Tarasafe International Private Limited Vs DDIT (ITAT Kolkata)
The appeal was filed by the assessee against the order dated 29.02.2024 passed by the Commissioner of Income Tax (Appeals), ADDL/JCIT(A)-5, Mumbai under Section 250 of the Income-tax Act, 1961.
The issue before the Tribunal was whether the delayed filing of the audit report in Form 10DA would disentitle the assessee from claiming deduction under Section 80JJAA of the Income-tax Act when the form was available to the Assessing Officer during the assessment proceedings.
The Tribunal recorded that the assessee filed Form 10DA on 27.10.2023 instead of the due date of 30.09.2023. However, the form was available to the Assessing Officer at the time of processing the return, as the notice under Section 143(1)(a) had been issued by the Central Processing Centre on 23.11.2023.
The Tribunal held that the issue was squarely covered by the decision of the Supreme Court in CIT, Maharashtra Vs. G. M. Knitting Industries Pvt. Ltd. [2016] 12 SCC 272, wherein the Supreme Court held that although filing the prescribed certificate with the return of income is necessary, an assessee remains entitled to the deduction if the certificate is filed before the final assessment order is passed. The Tribunal noted that the Supreme Court had reached this conclusion in the context of deduction under Section 80-IB.
