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2006 (5) TMI 63 - HC - Income TaxBusiness of growing and cultivation of tea - assessee claimed an amount of Rs. 30,00,000 by way of deduction under section 33AB - plain reading of sub-section (2) of section 33AB would show that deduction is admissible only if the assessee produces the audit report. But the mere fact that he could not produce it along with the return as such would not be a reason to reject the claim if he is otherwise entitled to the same. The provision only says that deduction shall not be admissible. There is no provision in the section which says that deduction is admissible only if the audit report is filed along with the return. The assessee has produced the audit report before the completion of the assessment and the officer should have allowed the claim for deduction under section 33AB(2) if it is otherwise in order.
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