DA TOLL ROAD PRIVATE LIMITED ,MUMBAI vs. DCIT-CIRCLE 15(1)(2), MUMBAI

ITA 626/MUM/2024Status: DisposedITAT Mumbai10 July 2024AY 2017-18Bench: Shri Satbeer Singh Godara (Judicial Member), Shri Girish Agrawal ( (Accountant Member)5 pages
AI SummaryAllowed

What did the Tribunal hold?

The Tribunal held that for A.Y. 2017-18, the statutory requirement of furnishing the audit report "alongwith his return of income" was met by filing it with the revised return, as the stricter amendment linking it to Section 44AB was not yet effective. Relying on judicial precedents, the Tribunal ruled that the deduction could not be denied on technicalities. The tribunal also directed the AO to examine and address the claim for MAT credit under section 115JAA.

What were the facts?

The assessee initially filed its ITR for A.Y. 2017-18 declaring a loss, without the Form 10CCB audit report. Subsequently, a revised ITR was filed claiming a deduction under section 80IA(4), along with Form 10CCB. The lower authorities denied the deduction during processing under section 143(1)(a)(ii) solely on the technical ground that Form 10CCB was not filed with the original return by the specified date under section 44AB.

What were the issues?

Whether deduction under section 80IA(4) can be denied if Form 10CCB is filed with a revised return but not the original, and if MAT credit under section 115JAA should be allowed.

Which sections of the Income-tax Act were involved?

Section 80IA(4),Section 115JB,Section 143(1),Section 115JAA,Section 44AB,Section 80IA(1),Section 80IA(7),Section 119(2)(b),Section 288,Section 80IB(13)

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Income Tax Appellate Tribunal, Mumbai “D” Bench, Mumbai.

Before: Shri Satbeer Singh Godara (JM) & Shri Girish Agrawal (AM)

For Appellant: Shri Jitendra Sanghvi
For Respondent: Smt. Mahita Nair
Hearing: 03.07.2024Pronounced: 10.07.2024

Per Satbeer Singh Godara (JM) :-

This assessee’s appeal for A.Y. 2018-19, arises against the National Faceless Appeal Centre “NFAC”, Delhi’s Din and order No. ITBA/NFAC/S/250/2023-24/1058882923(1) dated 19.12.2023 in proceedings under section 143(1) of the Income Tax Act 1961 in short (the “Act”).

Heard both the parties at length. Case file perused.

2.

Coming to the assessee’s sole substantive grievance herein challenging both learned lower authorities action disallowing its section 80IA deduction we note that the lower appellate discussion to this effect reads as under :-

“4.1 The Appellant had filed the original ITR on 26/10/2017 dec

The order continues below.

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