Raniwala Jewelers Pvt. Ltd. Vs Asstt./DCIT (ITAT Jaipur)
The assessee challenged the order dated 15.10.2024 of the Ld. Addl./JCIT (A)-6, Mumbai, passed under Section 250 of the Income Tax Act, 1961. The assessee had filed its return on 30.10.2023 declaring total income of Rs. 10,30,96,000 and claimed a deduction of Rs. 1,44,412 under Section 80JJA on account of additional employee cost. The Chartered Accountant’s report in Form 10DA under Rule 19AB was uploaded on 17.10.2023, before the return-filing date, but was digitally verified on 21.12.2023. The return was processed under Section 143(1) on 27.05.2024 and the deduction was disallowed for non-furnishing of Form 10DA. The Addl./JCIT (A)-6, Mumbai dismissed the assessee’s appeal.
The Tribunal considered whether delayed verification of a Form 10DA, despite its timely uploading, could justify disallowance on a procedural ground. The Revenue relied on the Supreme Court decisions in Principal Commissioner of Income-tax vs. Wipro Ltd. and Commissioner of Customs (Import), Mumbai vs. Dilip Kumar & Company. The Tribunal distinguished Wipro Ltd., observing that it concerned exemption under Section 10B(8) in Chapter III, whereas the present case involved deduction under Section 80JJA in Chapter VI-A. It also noted that Wipro Ltd. involved a revised return and issues concerning losses, unlike the present case.
