GANGAUR EXPORTS PVT. LTD., Jaipur V. ASSISTANT COMMISSIONER OF INCOME TAX, CIRCLE-6, Jaipur

ITA 806/JPR/2018

• Counselvise Citation: [2019] 117 COUNSELVISE.COM (IT) 7439 (ITAT-JAIPUR)
• Duration Of Justice: 10 month(s) 24 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-05-2019
• Appeal Filed By: Assessee
• Order Result: Allowed
• Bench Allotted: B
• Assessment Year: 2013-2014
• Appeal Filed On: 08-06-2018
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: A K MAHLA JCIT DHK
• Assessee Lawyers: S K MATHUR
• Section: 143(3); 80IA

Judgement Text

VK;DJ VIHYH; VF/KDJ.K] T;IQJ U;K;IHB] T;IQJ IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES B, JAIPUR JH JES'K LH 'KEKZ] YS[KK LNL; ,OA JH FOT; IKY JKO] U;KF;D LNL; DS LE{K BEFORE: SHRI RAMESH C SHARMA, AM & SHRI VIJAY PAL RAO, JM VK;DJ VIHY LA -@ ITA NO. 806/JP/2018 FU/KZKJ.K O'KZ@ ASSESSMENT YEAR : 2013-14 GANGAUR EXPORTS PVT. LTD., 1-ANOKHI FARM, TODI RAMZANIPURA, JAGATPURA, JAIPUR-302017. CUKE VS. A.C.I.T., CIRCLE-6, JAIPUR. LFKK;H YS[KK LA -@THVKBZVKJ LA-@ PAN/GIR NO.: AAACG 8877 G VIHYKFKHZ@ APPELLANT IZR;FKHZ@ RESPONDENT FU/KZKFJRH DH VKSJ LS @ ASSESSEE BY : SHRI S.K. MATHUR (CA) JKTLO DH VKSJ LS @ REVENUE BY : SHRI A.K. MAHLA (JCIT) LQUOKBZ DH RKJH[K@ DATE OF HEARING : 10/04/2019 MN?KKS 'K.KK DH RKJH[K @ DATE OF PRONOUNCEMENT : 02/05/2019 VKNS'K@ ORDER PER: R.C. SHARMA, A.M. THIS IS AN APPEAL FILED BY THE ASSESSEE AGAINST THE ORDER OF LD.CIT(A)-2, JAIPUR DATED 15/03/2018 FOR THE A.Y. 2013-14 IN THE MATTER OF ORDER PASSED U/S 143(3) OF THE INCOME TAX ACT, 1961 (IN SHORT THE ACT). IN THIS APPEAL, THE ASSESSEE HAS TAKEN SOLE EFFECTIVE GROUND, WHICH IS AS UNDER: 1. THE LD. CIT(A)-2, JAIPUR HAS ERRED IN CONFIRMING THE ADDITION U/S 80IA AMOUNTING TO RS. 35,81,416.00 IGNORING THE FACT THAT THE ASSESSEE HAS FILED REPORT U/S 80IA ELECTRONICALLY WELL BEFORE THE COMPLETION THE ASSESSMENT U/S 143(3). ITA 806/JP/2018_ GANGUAR EXPORTS PVT. LTD. VS ACIT 2 2. RIVAL CONTENTIONS HAVE BEEN HEARD AND RECORD PERUSED. FACTS IN BRIEF ARE THAT THE ASSESSEE IS ENGAGED IN MANUFACTURING AND EXPORT OF READYMADE GARMENTS AND HANDICRAFTS. THE ASSESSEE HAS CLAIMED DEDUCTION U/S 80 IA FOR RS.35,81,416/- IN COMPUTATION OF INCOME. AS THE AUDIT REPORT WAS NOT SUBMITTED ALONGWITH RETURN OF INCOME ELECTRONICALLY UNDER RULE 12(2) OF THE IT RULES, THE DEDUCTION U/S 80 IA OF THE ACT WAS DECLINED. BY THE IMPUGNED ORDER, THE LD. CIT(A) CONFIRMED THE ACTION OF THE A.O., AGAINST WHICH THE ASSESSEE IS IN APPEAL BEFORE THE ITAT. 3. WE HAVE CONSIDERED THE RIVAL CONTENTIONS AND CAREFULLY GONE THROUGH THE ORDERS OF THE AUTHORITIES BELOW AND FOUND FROM THE RECORD THAT THE COMPANY HAS ELECTRONICALLY FILED FORM NO. 10CCB FOR CLAIMING THE DEDUCTION U/S 80IA FOR THE A.Y. 2013-14 AS ON 15/03/2016. PRIOR TO THE A.Y. 2013-14, THE ELECTRONIC FILING OF FORM 10CCB WAS NOT MANDATORY AND FORM WAS NOT REQUIRED TO BE ENCLOSED WITH THE RETURN OF THE INCOME UNDER RULE 12(2) OF THE INCOME TAX RULES. AS PER AMENDED RULE 12(2) THE ELECTRONIC FILING OF FORM 10CCB IS MANDATORY BUT THE DUE DATE OF FILING HAS NOT BEEN PRESCRIBED. KEEPING IN VIEW OF THE ABOVE PROVISIONS, FORM NO. 10CCB ELECTRONICALLY FILED BEFORE COMPLETION OF ASSESSMENT PROCEEDINGS FULFILS THE CONDITION OF RULE 12(2) OF THE IT RULES. THE HONBLE SUPREME COURT IN THE MATTER OF CIT VS GM KNITTING INDUSTRIES P. LTD. VS AKS ALLOYS ITA 806/JP/2018_ GANGUAR EXPORTS PVT. LTD. VS ACIT 3 P. LTD. (2015) 376 ITR 456 (SC) HAS HELD THAT FILING OF FORM 10CCB BEFORE THE ASSESSMENT IS SUFFICIENT COMPLIANCE OF THE LAW. 4. IT IS CLEAR FROM THE ORDER OF THE A.O. THAT HE HAS DECLINED CLAIM OF DEDUCTION U/S 80IA OF THE ACT MERELY ON THE PLEA THAT THE AUDIT REPORT WAS NOT FILED ELECTRONICALLY WHEREAS UNDISPUTEDLY THE SAME WAS FILED DURING THE COURSE OF ASSESSMENT PROCEEDINGS. THUS, THERE WAS SUFFICIENT COMPLIANCE WITH REGARD TO FILING OF AUDIT REPORT. HOWEVER, WITHOUT POINTING OUT ANY FAILURE OF THE ASSESSEE WITH REGARD TO FULFILMENT OF CONDITIONS PRESCRIBED U/S 80IA OF THE ACT, THE A.O. WAS NOT JUSTIFIED IN DECLINING THE CLAIM OF DEDUCTION U/S 80IA OF THE ACT. SINCE THE AUDIT REPORT WAS ALREADY BEFORE THE A.O. DURING THE SCRUTINY ASSESSMENT PROCEEDINGS, IN ALL FAIRNESS, WE RESTORE THE MATTER BACK TO THE FILE OF THE A.O. FOR DECIDING THE ISSUE OF ASSESSEES ELIGIBILITY TO CLAIM DEDUCTION U/S 80IA OF THE ACT AS PER MATERIAL PLACED ON RECORD. NEEDLESS TO SAY, THE ASSESSEE SHOULD BE GIVEN DUE OPPORTUNITY OF HEARING BEFORE DECIDING THE ISSUE. 5. IN THE RESULT, APPEAL OF THE ASSESSEE IS ALLOWED FOR STATISTICAL PURPOSES ONLY. ORDER PRONOUNCED IN THE OPEN COURT ON 02 ND MAY, 2019. FOT; IKY JKO JES'K LH 'KEKZ (VIJAY PAL RAO) (RAMESH C SHARMA) U;KF;D LNL;@ JUDICIAL MEMBER YS[KK LNL;@ ACCOUNTANT MEMBER TK;IQJ@ JAIPUR FNUKAD@ DATED:- 02 ND MAY, 2019 ITA 806/JP/2018_ GANGUAR EXPORTS PVT. LTD. VS ACIT 4 *RANJAN VKNS'K DH IZFRFYFI VXZSFKR @ COPY OF THE ORDER FORWARDED TO: 1. VIHYKFKHZ @ THE APPELLANT- GANGAUR EXPORTS PVT. LTD., JAIPUR. 2. IZR;FKHZ @ THE RESPONDENT- THE A.C.I.T., CIRCLE-6, JAIPUR. 3. VK;DJ VK;QDR @ CIT 4. VK;DJ VK;QDRVIHY @ THE CIT(A) 5. FOHKKXH; IZFRFUF/K] VK;DJ VIHYH; VF/KDJ.K] T;IQJ @ DR, ITAT, JAIPUR 6. XKMZ QKBZY @ GUARD FILE (ITA NO. 806/JP/2018) VKNS'KKUQLKJ @ BY ORDER, LGK;D IATHDKJ @ ASST. REGISTRAR