Tarasafe International Pvt Ltd. vs. Deputy Director of Income Tax

Parties Involved

Facts Summary

The present appeal has been preferred by the assessee against the order dated 29.02.2024 of the Ld. Commissioner of Income Tax (Appeals) ADDL/JCIT(A)-5, Mumbai passed u/s. 250 of the Income-tax Act, 1961. The short issue involved in this appeal is as to whether the late filing of audit report in Form 10DA would disentitle the assessee from claiming deduction u/s. 80JJAA of the Act, when the said Form 10DA was available to the Ld. AO at the time of assessment proceedings. The assessee in this case filed the Form 10DA on 27.10.2023 as against the due date of 30.09.2023 but, the same was available to the AO at the time of processing the return of income as the notice u/s. 143(1)(a) of the Act was issued by the CPC to the assessee on 23.11.2023.…

Legal Issues

• 1. Whether the late filing of audit report in Form 10DA would disentitle the assessee from claiming deduction u/s. 80JJAA of the Act?

Judgment Outcome

Decided in favour of Assessee.

Precedents Relied Upon

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