TMI Blog2013 (7) TMI 87X X X X Extracts X X X X X X X X Extracts X X X X ..... as defined in the explanation below sub-section (2) of section 288 of the Act and not furnishing the report of such audit in the prescribed form duly signed and verified by the accountant alongwith the return of income. - Following the decision of Gujarat Oil & Allied Industries versus I.T.O [1981 (9) TMI 141 - ITAT AHMEDABAD-C] - Decided against revenue. - ITA No. 21 of 2008 - - - Dated:- 31-5-2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... see, in the instant case, got his accounts audited by an accountant as defined in the explanation below sub-section (2) of section 288, but did not furnish the same alongwith his return of income. The Assessing Officer held that sub-section (7) of section 80-1A uses expression shall not be admissible and felt that unless the report of such audit is furnished alongwith the return of income, deduc ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red to furnish alongwith his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant. In Gujarat Oil Allied Industries versus I.T.O, reported in 2 ITD 454, it was decided that the word alongwith means that the audit report should also be furnished, so that the same is available to the Assessing Officer at the time of assessment. In other wo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... return of income, the report of audit in the prescribed form duly signed and verified by the accountant, deduction under sub-section (1) of section 80-1A shall not be admissible. From the judgment of the Tribunal, it does not appear that the Tribunal had considered this aspect of the matter and hence the present appeal. 3. As was felt by the Court in the case of Gujarat Oil Allied Industries ..... X X X X Extracts X X X X X X X X Extracts X X X X
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