The Assessee, Supreme Treon Pvt. Ltd., contested the disallowance of a deduction claimed u/s 80-IC for its unit in Rudrapur, Uttarakhand on account of not filing its audit report in Form 10CCB before the due date of filing the ROI. As per the Department the due date for filing return for Assessee was 31.10.2015, however, as per the Assessee it was 30.11.2015, where the return was actually filed by the Assessee on 29.11.2015. The ITAT analyzed the provisions of section 139(1) and observed that the Assessee’s return, filed on 29.11.2015, fell within the prescribed due date. It was emphasized that compliance with section 92E did not alter this deadline. Furthermore, the ITAT determined that the Assessee’s filing of Form 10CCB alongside the return sufficed for claiming the deduction under section 80-IC. They highlighted that the intimation issued under section 143(1) did not provide a valid basis for denying the deduction.(AY.2015-16)
Supreme Treon P. Ltd. v. Dy. CIT [2024] 109 ITR 1 (SN) /227 TTJ 553 (Mum)(Trib)
S. 80IC: Special category States –Return filed within due date –Audit report -Form No.10CCBB is filed along with original return – Denial of exemption is not valid. [S.92E, 139(1), 143(1), Form No 3CEB, 10CCB]