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2013 (3) TMI 223 - RAJASTHAN HIGH COURTDeduction u/s 80HHC denied - Audit Report in Form No.10CCAC was not originally filed along with the return of income but was duly filed during the assessment proceedings - Held that:- No hesitation in coming to the conclusion that the expression “alongwith return of income” as occurring in subsection (4) of Section 80HHC could always be interpreted as directory so far it relates to the time of filing of the report and hence, even if the report is filed during assessment proceedings, the assessee cannot be denied the claim of deduction. See CIT Vs. Gupta Fabs [2005 (1) TMI 48 - PUNJAB AND HARYANA HIGH COURT] & Commissioner of Income-Tax Versus Dr. L. M. Singhvi [2005 (8) TMI 100 - RAJASTHAN HIGH COURT] Thus while filing of the accountant's report in sub-section (4) of Section 80HHC, could be considered to be a mandatory requirement for the purpose of the assessee being entitled to claim deduction but the time of filing of the same could only be considered directory in nature and such report cannot be removed out of consideration only because of having not been filed at the time of filing of the return. The order as passed by the Tribunal does not call for any interference and stands confirmed insofar it is held that the assessee cannot be denied the benefit of deduction under Section 80HHC. However, the other part of the directions of Tribunal, where the benefit of deduction under Section 80HHC has directly been allowed at Rs. 37,08,019.97 only on the basis of the amount stated in the audit report in Form No.10CCAC, the same stands modified in the manner that the issue about quantification of the eligible deduction under Section 80HHC is restored to the file of the Assessing Officer who shall re-examine the matter as regards the amount eligible for deduction and then, shall pass appropriate consequential orders in accordance with law.
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