GL CONSTRUCTIONS PRIVATE LIMITED,MUMBAI vs. CIRCLE 1(3)(1), MUMBAI, MUMBAI

ITA 2429/MUM/2026Status: DisposedITAT Mumbai21 July 2026AY 2024-256 pages
AI SummaryAllowed

What were the facts?

The assessee claimed deduction under Section 80IA(4) for electricity generation and sale, but the audit report (Form 10CCB) was filed 10 days after the due date, though before filing the return of income. The AO and CIT(A) disallowed the deduction.

What did the Tribunal hold?

The Tribunal held that the delay in filing the audit report was minor and that the assessee was entitled to the deduction under Section 80IA(4) as the report was available before the assessment was finalized. The decision in PCIT vs Wipro Ltd. was distinguished as it related to exemption provisions under Chapter III.

What were the issues?

Whether a minor delay in filing the audit report for claiming deduction under Section 80IA(4) can lead to disallowance of the deduction, and if the ratio of PCIT vs Wipro Ltd. applies to deduction provisions under Chapter VI-A.

Which sections of the Income-tax Act were involved?

Section 80IA(4)

AI-generated summary — verify with the full judgment below

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER AND SHRI PAWAN SINGH, JUDICIAL MEMBER (Physical Hearing) G.L. Construction Pvt. Ltd. DCIT Circle – 1(3)(1), Mumbai 304, Gokul Arcade B, Subhash Road, vs Aayakar Bhawan, 5th Floor, Near Garware Ville Parle-East, Churchgate, M.K. Road, Mumbai – 400057. Mumbai – 400020. [PAN: AAACG3438P] Appellant / Assessee Respondent / Revenue Assessee by Shri N.R. Agrawal, CA Revenue by Shri Basavaraj Hiremath, CIT-DR a/w Shri Rajgopal Parthasarathi, Sr. DR Date of Institution 27.02.2026 Date of hearing 20.07.2026 Date of pronouncement 21.07.2026 Order under section 254(1) of Income Tax Act

PER PAWAN SINGH, JUDICIAL MEMBER:

1.

This appeal by assessee is directed against the order of ld. CIT(A) dated 24.02.2026 for Assessment Year (AY) 2024-25. The assessee has raised following grounds of appeal: “The learned CIT(Appeals) erred in confirming the addition of Rs. 43,42,698/- by not allowing deduction 80I(4) for electricity generation & sale.”

2.

The assessee has also raised similar ground of appeal in a separate/ annexed paper, which is narration of certain facts and reliance on certain case laws, wh

The order continues below.

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