Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2013 (10) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2013 (10) TMI 1237 - HC - Income TaxDeduction u/s 80HH of the Income Tax Act - Non-furnishing of Form-C along with return of income – Held that:- Reliance has been placed upon the judgment of Hon’ble Andhra Pradesh High Court in the case of Commissioner of Income Tax Vs. Hemsons Industries [2001 (7) TMI 109 - ANDHRA PRADESH High Court], wherein it has been held that the mere fact that the assessee failed to enclose the audit report along with the return itself would not disentitle it the benefit under Section 80 HH of the Act, if it files the audit report before the assessment order is passed. 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 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.
|