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Facts
The assessee claimed a deduction under Section 80IAC for AY 2021-22. The Assessing Officer (AO) disallowed this claim under Section 143(1) due to the non-filing of Form 10CCB by the due date. The assessee had filed Form 10CCB with a delay, along with a revised return, which was processed before the AO's intimation.
Held
The Tribunal held that the disallowance of the deduction under Section 80IAC was not justified solely on the ground of late filing of Form 10CCB. The Tribunal noted that the assessee had filed the return of income within the due date and subsequently revised it along with the required form, fulfilling the conditions for the deduction.
Key Issues
Whether the deduction under Section 80IAC can be disallowed for the late filing of Form 10CCB when the return of income was filed within the due date and the form was submitted before processing.
Sections Cited
143(1), 115JB, 80IAC, 80IA, 80A(5), 80AC, 139(1), 139(5)
AI-generated summary — verify with the full judgment below
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.