2018 (4) TMI 992 - ITAT DELHI

Reopening of assessment - denying the exemption claimed u/s. 10A and sec.10AA - Authorities below not considering the audit report furnished by the assessee in Form No. 56F during the course of re-assessment order on the premise that the said report was not filed alongwith the return or upto the original assessment order - Held that:- The requisite audit report in form No. 56F was admittedly filed by the assessee in reassessment proceedings, though the assessee has claimed that the said report was also filed in original assessment proceedings, as deposed in the affidavit. The ld. Authorities below appear to have not taken cognizance of the audit report in Form No. 56F, furnished by the assessee in the reassessment proceedings in support of its claim, stating that the assessee failed to furnish any evidence to substantiate that any such audit report was filed in the original assessment proceedings. It is also an undisputed fact that the claim made by assessee stood accepted in original assessment order. This issue is squarely covered in favour of the assessee by the decision of G.S. Pharmbutor Pvt. Ltd. vs. ACIT 2011 (11) TMI 808 - ITAT DELHI) - Decided in favour of assessee