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2022 (8) TMI 509 - ITAT LUKCNOWRectification u/s 154 - Deduction u/s 80IB - Deduction denied as audit report in Form-10CCB was not filed along with the return of income and was only filed after the intimation u/s. 143(1) was issued - assessee, on receipt of intimation u/s. 143(1), filed application u/s. 154 after uploading the copy of audit report in Form-10CCB, which was rejected by CPC and therefore, appeal was filed before ld. CIT(A) against the order passed by the CPC u/s. 154 which again was dismissed by ld. CIT(A) by holding that no mistake was apparent from the record - HELD THAT:- As it is undisputed fact that the claim of the assessee u/s. 80IB has not been allowed by the authorities below only because of the reason that the audit report in Form-10CCB was not filed along with return of income and was only filed after receipt of intimation u/s. 143(1) and therefore, the assessee filed rectification applications u/s. 154 of the Act after uploading Form-10CCB which was rejected by CPC. The ld. CIT(A) has rejected the appeals by holding that there was no mistake apparent from record. However, while holding so, he escaped the contents of Circular No.689 dated 24.8.1994 which clearly directs the Officers to allow rectification u/s. 154 for non filing of audit report or other evidence which could not be filed with the return of income. Also taking cognizance of this circular the Hon'ble High Court of Karnataka in the case of ITO vs. Smt. Mandira D Vakharia[2000 (11) TMI 48 - KARNATAKA HIGH COURT] has decided similar issue in favour of the assessee - We merit in the arguments of assessee and therefore, the appeals of the assessee are allowed.
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