MANTRI COSMOS II OWNERS WELFARE ASSOCIATION,HYDERABAD vs. ACIT., CIRCLE-6(1), HYDERABAD

ITA 21/HYD/2025Status: DisposedITAT Hyderabad21 March 2025AY 2021-22Bench: Shri Vijay Pal Rao (Vice President), Shri Manjunatha, G. (Accountant Member)1 pages
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What did the Tribunal hold?

The Tribunal held that the 143(1) intimation merges with the subsequent scrutiny assessment order. It further ruled that if the audit report is filed before the assessment is completed, the deduction under Section 80IAB cannot be denied, even if filed after the due date for filing the return.

What were the facts?

The assessee, an Association of Persons, claimed deduction under Section 80IAB for operating an SEZ. The deduction was disallowed by the CPC and later by the Assessing Officer due to the delayed filing of the tax audit report (Form 10CCB). The CIT(A) upheld the disallowance, stating a separate appeal was needed against the 143(1) order.

What were the issues?

Whether the claim for deduction under Section 80IAB is admissible when the tax audit report is filed after the due date of filing the return but before the completion of assessment. Whether a separate appeal is required against a 143(1) intimation when a scrutiny assessment is subsequently made.

Which sections of the Income-tax Act were involved?

Section 80IAB,Section 143(1),Section 143(3)

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Income Tax Appellate Tribunal, Hyderabad ‘ DB-B ‘ Bench, Hyderabad

Before: Shri Vijay Pal Rao, Vice-Shri Manjunatha, G.

Hearing: 19/03/2025

Per Vijay Pal Rao, Vice President

These two appeals by the assessee are directed against the two separate orders, both dated, 22/11/2024 of the learned CIT (A)-NFAC Delhi, for the A.Ys 2020-21 & 2021-22 respectively.

2.

For the A.Y 2020-21, the assessee has raised the following grounds of appeal: Page 3 of

The order continues below.

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