GANGAUR EXPORTS PVT. LTD.,JAIPUR vs. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, JAIPUR

1. The ld. CIT(A)-2, Jaipur has erred in confirming the addition U/s 80IA amounting to Rs. 35,81,416.00 ignoring the fact that the assessee has filed report U/s 80IA electronically well before the completion the assessment U/s 143(3).

We have considered the rival contentions and carefully gone through the orders of the authorities below and found from the record that the company has electronically filed Form No. 10CCB for claiming the deduction U/s 80IA for the A.Y. 2013-14 as on 15/03/2016. Prior to the A.Y. 2013-14, the electronic filing of Form 10CCB was not mandatory and form was not required to be enclosed with the return of the income under Rule 12(2) of the Income Tax Rules. As per amended Rule 12(2) the electronic filing of Form 10CCB is mandatory but the due date of filing has not been prescribed. Keeping in view of the above provisions, Form No. 10CCB electronically filed before completion of assessment proceedings fulfils the condition of Rule 12(2) of the IT Rules. The Hon’ble Supreme Court in the matter of CIT Vs GM Knitting Industries P. Ltd. Vs AKS Alloys 3 ITA 806/JP/2018_ Ganguar Exports Pvt. Ltd. Vs ACIT P. Ltd. (2015) 376 ITR 456 (SC) has held that filing of Form 10CCB before the assessment is sufficient compliance of the law.

It is clear from the order of the A.O. that he has declined claim of deduction U/s 80IA of the Act merely on the plea that the audit report was not filed electronically whereas undisputedly the same was filed during the course of assessment proceedings. Thus, there was sufficient compliance with regard to filing of audit report. However, without pointing out any failure of the assessee with regard to fulfilment of conditions prescribed U/s 80IA of the Act, the A.O. was not justified in declining the claim of deduction U/s 80IA of the Act. Since the audit report was already before the A.O. during the scrutiny assessment proceedings, in all fairness, we restore the matter back to the file of the A.O. for deciding the issue of assessee’s eligibility to claim deduction U/s 80IA of the Act as per material placed on record. Needless to say, the assessee should be given due opportunity of hearing before deciding the issue. 5. In the result, appeal of the assessee is allowed for statistical purposes only. Order pronounced in the open court on 02nd May, 2019.