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2006 (5) TMI 81 - HC - Income TaxDeduction u/s 80J - Provision of section 80J(6A), are directory and not mandatory and in allowing the assessee's claim u/s 80J? - HELD THAT:- As is evident from the facts of the case, the audit report in the present case was filed on January 18, 1979, after the assessment had already taken place on December 19, 1978, hence, in terms of the discussions and the law laid down by the Gujarat High Court in Gujarat Oil and Allied Industries' case [1992 (9) TMI 67 - GUJARAT HIGH COURT] and A.N. Arunachalam's case [1994 (1) TMI 65 - MADRAS HIGH COURT], which has been approved by a Full Bench of this court in Punjab Financial Corporation's case [2001 (12) TMI 50 - PUNJAB AND HARYANA HIGH COURT], we are of the view that the Tribunal was not right in granting relief to the assessee as admittedly the audit report was filed by the assessee after the assessment had already been framed by the Assessing Officer. The reference is answered in the above terms.
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