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2024 (2) TMI 1108 - AT - Income TaxDeduction u/s 80IA - copy of Form 10CCB was not e-filed separately within due date - mandatory v/s directory obligation - Against the same, the assessee filed revised return of income and on the same day, the assessee filed copy of Form 10CCB electronically, still, the claim was denied by CPC - HELD THAT:- We find that this issue is squarely covered in assessee’s favor by the decision of G.M. Knitting Industries P. Ltd [2015 (11) TMI 397 - SC ORDER] as affirming the decision of AKS Alloys P. Ltd [2011 (12) TMI 39 - MADRAS HIGH COURT] wherein it was held that when a relief is sought for under Section 80IB of the Act, there is no obligation on the part of the assessee to file return accompanied by the audit report, thereby, holding that the same is not mandatory. Therefore, it is clear that before the assessment is completed if such report is filed, no fault could be found against the assessee. Filing of audit report along with the return was not mandatory but directory and that if the audit report was filed at any time before the framing of the assessment, the requirement of the provisions of the Act should be held to have been met. See A.N. Arunachalam [1994 (1) TMI 65 - MADRAS HIGH COURT] and in CIT v. Jayant Patel [1998 (9) TMI 6 - MADRAS HIGH COURT] - Thus we direct Ld. AO to allow the impugned deduction u/s 80IA. Disallowance u/s 36(i)(va) for late payment of PF dues - HELD THAT:- This seem to be double disallowance since this disallowance has already been offered by the assessee suo-moto in the computation of income. The AO is directed to verify the same and delete this disallowance, if the submissions of Ld. AR are found to be correct. This ground stand allowed for statistical purpose.
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