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2024 (3) TMI 939 - AT - Income TaxDeduction u/s 80IC - Claim denied on the ground that the audit report in Form No.10CCB was not filed within the due date - assessee pleaded that there are case laws for the proposition that if Form 10CCB is filed during the course of assessment before the final order the deduction is to be allowed - HELD THAT:- The due date of filing of return in this case was 07.11.2017. The return was filed on 29.08.2017 and the Tax audit report was also filed on 28.10.2017 and Form 10CCB on 28.05.2018. The return was processed under section 143(1) of the Act on 08.02.2019 We find that in this case, Form 10CCB was filed before the intimation u/s 143(1) dated 08.02.2019. In these circumstances, the case laws point out that deduction is to be allowed. See G.M. KNITTING INDUSTRIES (P.) LTD. & AKS ALLOYS (P.) LTD. [2015 (11) TMI 397 - SC ORDER] wherein held that even if form 3AA was not filed along with return of income but the same was filed during the assessment proceedings and before the final order of the assessment was made that would amount to sufficient compliance. Also see GREEN DOT HEALTH FOODS PVT. LTD. [2023 (2) TMI 516 - ITAT DELHI] - Appeal of the assessee stands allowed.
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