I.T.A. No. 1318/KOL/2024
Parties Involved
Facts Summary
The assessee, Hi Tech Systems & Services Limited, is an entity eligible to claim deduction under section 80IA of the Income Tax Act, 1961, in respect of wind power plants. The assessee filed its return of income on 07.11.2022, within the extended due date. However, the Tax Audit Report in Form 10CCB was filed on 11.10.2022, four days after the specified date of 07.10.2022 as per section 44AB of the Act. The Central Processing Centre (CPC) denied the claim of deduction under section 80IA of the Act due to the delay in filing Form 10CCB. In appeal, the Commissioner of Income Tax (Appeals) deleted the addition made by the Assessing Officer, observing that the furnishing of Form 10CCB on or before the specified date was directory, not mandatory.…
Decision in favour of
Assessee
Legal Issues
- 1. Whether the denial of deduction under section 80IA of the Act by the CPC was justified.
Judgment Outcome
Decided in favour of Assessee.
Precedents Relied Upon
12 precedents cited in this judgement.
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