TMI Blog2014 (5) TMI 964X X X X Extracts X X X X X X X X Extracts X X X X ..... d deduction u/s 10A and u/s 80HHC simultaneously in the same computation - the Audit Report required for claiming deduction u/s 80HHC was filed before completion of the assessment - CIT(A) was not justified in not entertaining the bonafide claim of the assessee by exercising Appellate power conferred upon him - the assessee was eligible for acclaiming deduction u/s 80HHC and the deduction in accordance with the law ought to have been allowed to the assessee – the AO is directed to set aside the penalty – Decided against Revenue. - I.T.A. No. 331/Ahd/2011 - - - Dated:- 25-4-2014 - Shri Kul Bharat And Shri T. R. Meena,JJ. For the Appellant : Shri O. P. Batheja, Sr. D. R. For the Respondent : Shri S. N. Soparkar, Sr. Adv. With ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... decision of the Assessing Officer. 3. It is, therefore, prayed that the order of the Learned CIT(A) may be set aside and that of the Assessing Officer may be restored to the above extent. 2. At the outset, the ld.counsel for the assessee submitted that in quantum appeal, the Hon ble ITAT B Bench Ahmedabad in ITA No.2410/Ahd/2007 for AY 2004-05 in assessee s own case has set aside the orders of the Assessing Officer and the ld.CIT(A) and directed the AO for making a fresh assessment. A photocopy of the order of the Tribunal dated 29/05/2009 is placed on record. 3. The ld.Sr.DR of the Revenue has supported the order of the Assessing Officer. 4. We have heard the rival submissions, perused the material available on record and gon ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n 10A is not allowable occasion for claiming deduction under section 80HHC arose. The assessee could not have claimed deduction under section 10A and under section 80HHC simultaneously in the same computation. The assessee submitted before us that it duly disclosed in the Return by way of a note that in case deduction under section 10A is not allowed then deduction under section 80HHC may be allowed. The above submission of the assessee was not disputed by the Ld.Departmental Representative. It is not in dispute that the Audit Report required for claiming deduction under section 80HHC was filed before completion of the assessment. In the above circumstances in our considered view the ld.CIT(Appeals) was not justified in not entertaining the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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