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The Tax Publishers Dy. CIT v. Health Biotech Ltd. [ITA No. 1089/Chd/2014, dt. 29-4-2016] : 2016 TaxPub(DT) 2221 (Chd-Trib) Deduction under section 80IC due to revised back dated CA certificate *Facts:* Assessee filed claim for sec. 80IC with CA certificate with an amount of 6.98 crores but the said amount was 7.73 crores in the return. Thus the difference was added back. On appeal assessee produced a revised back dated CA certificate of form 10CCB with the amount of 7.73 crores admitting due to error from the CA it was wrongly filed thus. This was allowed by the Commissioner (Appeals) by remand to assessing officer to check and allow the deduction. Department went in appeal against this order on the plea that the CAs certificate was back dated and the correction was done post facto addition by the assessing officer thus deserves to be disallowed. Held in favour of the assessee that the revised certificate is not an embargo to claim the correct quantum of deduction, since the earlier remand has not been actioned but has been appealed the revenues appeal stood dismissed by the ITAT.

The Tax Publishers

Dy. CIT v. Health Biotech Ltd. [ITA No. 1089/Chd/2014, dt. 29-4-2016] : 2016 TaxPub(DT) 2221 (Chd-Trib)

Deduction under section 80IC due to revised back dated CA certificate

Facts:

Assessee filed claim for sec. 80IC with CA certificate with an amount of 6.98 crores but the said amount was 7.73 crores in the return. Thus the difference was added back. On appeal assessee produced a revised back dated CA certificate of form 10CCB with the amount of 7.73 crores admitting due to error from the CA it was wrongly filed thus. This was allowed by the Commissioner (Appeals) by remand to assessing officer to check and allow the deduction. Department went in appeal against this order on the plea that the CAs certificate was back dated and the correction was done post facto addition by the assessing officer thus deserves to be disallowed.

Held in favour of the assessee that the revised certificate is not an embargo to claim the correct quantum of deduction, since the earlier remand has not been actioned but has been appealed the revenues appeal stood dismissed by the ITAT.