TMI Blog2008 (5) TMI 375X X X X Extracts X X X X X X X X Extracts X X X X ..... ncome-tax (Appeals) deleting the addition on ground that filing of audited report along with the return was directory and is not mandatory - Commissioner of Income-tax (Appeals) as well as the Tribunal both rightly found that though the assessee has not submitted its accounts in Form No. 10AA before the prescribed authority in given time, but that does not justify the addition and disallowance of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 18AAAA of the Income-tax Rules, 1962, whereas section 12(3) of the Income-tax Act, 1961 specifically mentioned about the accounts, which have not been rendered before the prescribed authority in given time?" 3. The Tribunal has considered the issue raised in the question as under: "6. I have gone through the decision of the Gujarat High Court in the case of CIT v. Gujarat Oil and Allied In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not frustrated by the construction put up on the said provision, 6.1 In the light of the observations of the High Court cited above, it can be fairly interpreted that the purpose of filing of audit report in Form No. 10AA, the DGIT is to ensure that the amount of donation received for providing relief to the earthquake victims is spent for such purpose. Once, it is found that such purpose has be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t filing of audit report is directory and not mandatory in nature. Filing of audit report for section 80G or in other statutory compliance assumes character. Respectfully following the aforesaid decisions, we allow the claim of the assessee by dismissing the appeal of the Revenue. The learned Departmental representative, however, relied on the order of the Assessing Officer. We have heard th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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