The assessee has not filed the Form No 10CCB along with the return .CPC rejected the claim u/s 80IB of the Act and intimation was passed u/s 143(1) of the Act . The Assessee uploaded the Form No 10CCB after receipt of intimation u/s 143(1) of the Act . The assessee also moved an application u/s 154 of the Act to allow the claim u/s 80IB of the Act . The application was rejected by the Assessing Officer and which was affirmed by the CIT(A). On appeal the Tribunal directed the Assessing Officer to allow the claim u/s 80IB of the Act . Tribunal referred the Circular of CBDT No 689 1994 dt. 24 -8 -1994 (1994) ITR 75 ( St ) AY.2017 -18 , 2018 -19 )
Satish Cold Storage v. Dy.CIT ( 2022) 197 ITD 41 / 97 ITR 601 (Luck. )( Trib)
S. 80IB: Industrial undertakings – Form No 10CCB was uploaded on receipt of intimation – Assessing Officer is directed to allow the rectification applied by the assessee and allow the claim. [ S. 143(1), 154 ]