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2006 (2) TMI 120 - MADRAS HIGH COURT"Whether, Tribunal was right in law in setting aside the order of the Commissioner of Income-tax passed under section 263, even though the assessee has not fulfilled the mandatory requirement as per the provisions of section 32AB(5) to get deduction under section 32AB?" - we have no hesitation to hold that the filing of the audit report along with the return, as contemplated under section 32AB(5) of the Act, is only directory and not mandatory. Hence, finding no substantial question of law arising for consideration, the appeal is dismissed.
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