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2016 (9) TMI 1336 - AT - Income TaxEligibility to deduction under section 80IA - Held that:- The audit report submitted by the assessee during the assessment proceedings and not along with the return of income does not debar assessee from claiming the deduction u/s 80IA as held by Hon’ble Delhi High court in CIT Vs. Centimeter Electricals Ltd. [2008 (12) TMI 4 - HIGH COURT DELHI ] that requirement of filing the audit report along with the return is not mandatory but directory and therefore if the audit report is filed at any time before passing of the assessment order it satisfied the requirement. Therefore on this ground deduction cannot be denied to the assessee. In view of the above facts and following the decision of the coordinate bench in assessee’s own case for earlier years we set aside the issue back to the file of Assessing Officer to grant deduction to the assessee in similar manner. - Decided in favour of assessee for statistical purposes Addition of outstanding amount in subscriber deposit account - Held that:- . We do not agree with the finding of the ld CIT(A) to the extent of confirmation of the addition partly merely because reconciliation in these accounts with respect to the live connections are pending. The observation of the ld CIT(A) is also not correct that assessee submitted that this amount is under reconciliation and to that extent such credits are not fully explained. Before him assessee submitted that it is under reconciliation. Further when the character of deposit is determined, looking to the nature of operation geographically as well as large subscriber’s base, it is not correct to hold that pending reconciliation the deposit become income of the assessee. In view of this we set aside this issue back to the file of the Assessing Officer to give proper opportunity to the assessee to provide reconciliation of the same and then if the amounts are not at all identifiable with respect to the customers then to that extent addition may be restricted. However, if this amount is identifiable with the subscriber and even if it is not claimed by the subscriber despite disconnection of the services assessee is under obligation to repay whenever demanded by the customer. Therefore, ld Assessing Officer is directed to grant an opportunity to the assessee for reconciliation of the above deposit as held above and then decide the issue afresh. Also disallowance of interest accrued on outstanding subscriber deposit also set aside to the file of the Assessing Officer to determine amount of disallowance of interest after determining the amount of taxability of subscriber deposit.
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