LOGICS POWERAMR PRIVATE LIMITED,DELHI vs. ASST DIRECTOR OF INCOME TAX, BENGALURU
What did the Tribunal hold?
The Tribunal held that the disallowance of deduction under section 80IAC solely for the procedural defect of not filing Form 10CCB by the due date was incorrect, especially when the form was filed before the processing of the return. The Tribunal directed the AO to allow the deduction.
What were the facts?
The assessee claimed a deduction under section 80IAC for AY 2021-22 but did not file Form 10CCB by the due date. The return was processed under section 143(1), disallowing the deduction. The CIT(A) upheld this disallowance.
What were the issues?
Whether the disallowance of deduction under section 80IAC for non-filing of Form 10CCB by the due date is justified, when the form was filed before the processing of the return.
Which sections of the Income-tax Act were involved?
Section 80IAC,Section 143(1),Section 115JB
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Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- CIT v. K.V. Pilliah and Sons.97 citing63 ITR 411 · 1967 · SC
- Saffire Garments v. ITO20 citing28 Taxmann.com 27 · 2012 · HC
Income Tax Appellate Tribunal, DELHI BENCH “B”, DELHI
Before: SH. S. RIFAUR RAHMAN & SH. SUDHIR KUMAR
per section 115JB of the Act.
In the result the appeal of the assessee is allowed.
Order pronounced in the open court on 11.03.2026.
More judgments on Section 115JB
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- Braithwaite & Co. Ltd., Kolkata vs DCIT, Circle 1(1), KolkataITA 1076/KOL/2026[2021-2022]Status: Disposed7 Oct 2026AY 2021-2022
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur vs Vijay M. Mistry Construction Private…ITA 964/AHD/2025[2018-19]Status: Disposed6 Oct 2026AY 2018-19
- DCIT, Circle-4(1)(1), Ahmedabad, Vejalpur… vs Vijay M. Mistry Construction Private…ITA 963/AHD/2025[2017-18]Status: Disposed6 Oct 2026AY 2017-18
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