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2014 (2) TMI 129 - HC - Income TaxDisallowance u/s 80IB of the Act – Procedural requirements not made - Form 10CCB not submitted – Held that:- The appellant has not made out any ground why such report could not be filed earlier - In the application filed for taking into account the additional document on record also, no valid grounds are made out - even to be able to produce additional evidence before the appellate Commissioner, the assessee has to satisfy the conditions of sub-Rule (1) thereof and further the Rule requires the appellate authority to record his reasons in writing for admitting such additional evidence. The assessee simply cannot for the first time present such document before the High Court and seek benefit of the deduction on the basis of such document - The appellate jurisdiction of the High Court under section 260A of the Act permits taking into account the substantial question of law and not examine the factual disputes - Further a mere presentation of report under Form 10CCB would not enable the assessee to claim deduction under section 80IB - The form and the report would enable the Assessing Officer to examine the claim and different calculations on the basis of which the claim is sought to be substantiated – the question cannot be gone into in the Tax Appeal before the High Court under section 260A of the Act – Relying uponCommissioner Of Income-Tax Versus Nagpur Hotel Owners Association [2000 (12) TMI 99 - SUPREME Court] - Since appeal would be continuation of the assessment proceedings, filing of the material at an appellate stage would satisfy the requirement of presenting the same before completion of the assessment – there was no reason for interference in the order of the Tribunal though for reasons somewhat different from those recorded by the Tribunal – Decided against Assessee.
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