2008 (5) TMI 375

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..... ed counsel for the appellant. 2. The following common substantial question of law is proposed for admission of these three appeals. "Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income-tax (Appeals) in deleting the addition of Rs. 2,12,35,583 while the assessee has not submitted its accounts in Form No. 10AA on or before June 3 .....

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..... dit report was not filed along with the return but submitted before the Assessing Officer, before the completion of assessment. The court had held that filing of audited report is not mandatory and filing the same before the Assessing Officer during the assessment proceedings is sufficient compliance with the provisions of the Act. The court has observed that while considering the assessee's claim .....

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..... visions of section 80G(5C) of the Act and hence, there is no case for invoking section 12(3) of the Act and bringing to tax the entire receipts or any amount, as the entire donation received was spent within the time allowed under the Act. The Assessing Officer's interpretation that the entire receipt is taxable, is also without any rationale and logic. I find no infirmity in the order of Commiss .....

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