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| The Tax Publishers2019 TaxPub(DT) 2391 (Kol-Trib) INCOME TAX ACT, 1961
Section 80-IB
Even if assessee did not file Form 10CCB (audit report) along with revised claim for deduction under section 80-IB but filed the same before completion of assessment and it was not the case that assessee's audit report had escaped AO's consideration during assessment, therefore, denial of assessee's claims was not justified.
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Deduction under section 80-IB - Allowability - Non-furnishing of form 10CCB audit report along with returns -
Assessee revised its claim of deduction under section 80-IB. AO denied assessee's claim solely for the reason that assessee had not submitted its form 10CCB auditor's report in respect of corresponding revised claim.Held: Even if assessee did not file Form 10CCB (audit report) along with revised claim for deduction under section 80-IB but filed the same before completion of assessment and it was not the case that assessee's audit report had escaped AO's consideration during assessment, therefore, denial of assessee's claim was not justified.
Relied:CIT v. G.M. Knitting Industries (P) Ltd. & Anr. (2015) 125 DTr 38 (SC) : 2015 TaxPub(DT) 3423 (SC).
REFERRED :
FAVOUR : In assessee's favour.
A.Y. : 2006-07, 2008-09 & 2009-10
INCOME TAX ACT, 1961
Section 14A
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