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TMI Blog2013 (10) TMI 1237X X X X Extracts X X X X X X X X Extracts X X X X ..... benefit. The non-furnishing of Form-C along with return of income where the accounts have been actually audited by filing the return is a technical defect for which the assessee cannot be denied the benefit of deduction under Section 80HH of the Act, if the defect is removed subsequently - In the present case, we find from the assessment order that the audited balance sheet was filed and was relied on by the AO for making assessment. The assessee in response to the notice under Section 154 of the Act, filed Form 10C, in which no defect was found by the AO – Decided against the Revenue. - Income Tax Reference No. - 126 of 1992 - - - Dated:- 23-10-2013 - Hon'ble Sunil Ambwani And Hon'ble Surya Prakash Kesarwani,JJ. For the Applicant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thority found that the provisions 80 HH are mandatory and hence if the Auditor's report was not filed along with return, it was a mistake apparent from the record when the ITO allowed the relief under Section 80 HH of the Act. The appeal of the assessee was dismissed. The Income Tax Appellate Tribunal held that assessee failed to file the certificate of Chartered Accountant in Form 10-C at the time of filing of the return. He however filed the same along with his explanation submitted to AO in response to the notice under Section 154 of the Act. Following the judgment of Delhi Bench of the Tribunal in K.D. Ramnath Co. Vs. IAC, it was held by the Tribunal that the assessee was entitled to deduction under Section 80 HH of the Act, as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant as defined in the explanation in sub section (2) of Section 288 and the assessee furnishes along with his return of income, the report of such audit report in the prescribed form duly signed and verified by such accountant. If the accounts have not been audited, Form-C, even it is submitted subsequently may not be accepted for benefit. The non-furnishing of Form-C along with return of income where the accounts have been actually audited by filing the return is a technical defect for which the assessee cannot be denied the benefit of deduction under Section 80HH of the Act, if the defect is removed subsequently. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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