| Question And Answer | |
|---|---|
| Subject: | Notice for Non-deduction of 80IB for non-filing form 10CCB |
| Category: | Income-Tax |
| Querist: | Mukesh Soni |
| Answered by: | Advocate Shashi Ashok Bekal |
| Tags: | notice for Non -deduction of 80IB, section 80IBA deduction |
| Date: | December 27, 2022 |
We have Filed IT return for FY 2021-22 with deduction u/s 80IBA. and no option to file 10CCB was available that time as well.
Now, Notice received saying you claimed deduction u/s 80IB and not filed for 10CCB. so not allowed for deduction.
what action to tackle on this?
The Assessee can make an application to the CBDT under section 119(2)(b) of the Income-tax Act, 1961 for delay in filing of Form 10CCB. The Assessee has to explain the genuine hardship that the assessee will face if the delay is not condoned.
In the event, the Board is non-responsive to subsequent reminders or passes an order rejecting the application; the assessee should file a Writ Petition before the Jurisdictional High Court. The Hon’ble Bombay High Court in the case of Sitaldas K. Motwani vs DGIT [2010] 323 ITR 223 (Bom) (HC) held that when substantial justice and technical considerations are pitted against each other, cause of substantial justice deserves to be preferred for the other side cannot claim to have vested right in injustice being done because of a non-deliberate delay
Is this query sorted, did department allow the deduction?