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2023 (2) TMI 516 - AT - Income TaxDeduction u/s 80IC - Claim denied as assessee had not filed Form 10CCB along with return of income - Whether audited report in Form 10CCB is mandatory to the filed along with return of income as per the provision of section 80IA(7) which is pre-condition of claiming the deduction - CIT-A allowed deduction - HELD THAT:- CIT(A) while deciding the issue in favour of the assessee has given the finding that though there was delay in upholding Form 10CCB but the same was uploaded before the return of income was processed u/s 143(1) - For allowing the ground of assessee, CIT(A) had relied on the decision of Contimeters Electricals (P.) Ltd. [2008 (12) TMI 4 - HIGH COURT DELHI] and other decisions. We find that Hon’ble Apex Court in the case of CIT vs. G. M. Knitting Industries (P.) Ltd. [2015 (11) TMI 397 - SC ORDER] has held even though Form 10CCB was not filed along with the return of income but when the same was filed before the final order of assessment was made, assessee was entitled to claim deduction. Before us, Revenue has not pointed to any contrary binding decision in its support nor has pointed to any fallacy in the findings of CIT(A). We, therefore, find no reason to interfere with the order of CIT(A) and thus the ground of Revenue is dismissed.
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