Case Law Details
Jitendra Kumar Nahata Vs JCIT (ITAT Bangalore)
Facts- The assessee filed its ROI on 30/12/2017 declaring a gross total income of Rs.1,43,39,512/- and claimed deduction under Chapter IVA u/s 80IA for Rs.36,82,815/- including the deduction u/s 80IA for Rs.35,02,815/-. Later on, the assessee filed revised ROI on 25/6/2018 declaring same income which was processed U/s 143(1)(a) of the Income Tax ( I T ) Act. 1961 by the CPC, Bangalore on 18/12/2019 and denying deduction claimed u/s 80IA.
Against the processing of income tax return u/s 143(1)(a) on 18.12.2019, the assessee filed rectification petition u/s 154 of the IT Act before the CPC on 25.12.2019, which was not accepted and the order was passed on 9/1/2020 by rejecting the claim of the assessee of deduction u/s 80IA. Against the order of the sec. 154 of the Income-tax Act, the assessee filed appeal before the CIT(A) and CIT(A) did not allow the claim of the deduction under u/s 80IA by holding that Form No.10CCB was not filed in time as per the provision of sec. 139(1).
Conclusion- The assessee is engaged in power generation and the Accountant has issued Form No.10CB on 25/6/2018 for the impugned asst. year. Further, on perusal of the Form No.10CB in which the Accountant has clearly shown that the claim of the assessee u/s 80IA is of Rs.35,02,815/- and the assessee has also claimed in the original return u/s 139(1) of the Act for the same amount. The filing of Form No.10CCB is procedural aspect. A similar issue has been dealt by the coordinate bench of the Hyderabad Bench in the case of Delhi MSW Solutions Ltd.
Held that the assessee had filed its return of income before the due date, as specified u/s 139(1) of the Act for the relevant asst. year and in the return of income he has also claimed deduction. The tax Auditor has also certified the deduction claimed as per Sl.No.33 of the Form No.3CD therefore, only for want of not filing Form NO.10CCB within the due date the claim of deduction should not be disallowed, to which, the assessee had filed revised return within the due date. In view of this, the assessee is eligible to claim deduction u/s 80IA. Whenever the assessee received Form No.10CCB, he revised his return of income.
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