Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2004 (12) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2004 (12) TMI 33 - HC - Income TaxDeduction under section 80HHA - "Whether Tribunal is right in law in deleting the addition of Rs. 17,876 made on account of disallowance of the assessee's claim for deduction under section 80HHA on the basis of a revised return which was not filed along with the original return?" - The core issue before us is whether sub-section (4) of section 80HHA of the Act is mandatory and non-compliance therewith results in depriving the assessee of the benefit of deduction in terms of sub-section (1) thereof. - The facts of the case in hand show that the assessee had not filed the audited accounts along with the original return, but had done the needful with the revised return filed in pursuance of the notice issued by the Assessing Officer u/s 143(2)(b). This means that it had substantially complied with the provisions of section 80HHA(4). We, therefore, hold that the Tribunal did not commit any error by deleting the addition
|