TMI Blog2015 (10) TMI 1877X X X X Extracts X X X X X X X X Extracts X X X X ..... Deduction u/s 10AA - CIT(A) allowed the claim - Held that:- No infirmity in the order of ld. CIT (A). Inadvertent mistake in Form No. 56F cannot disentitle assessee from valid claim which is corrected in Form No. 56F (Rule 60). Therefore, we uphold the order of ld. CIT (A) on this issue. The ground of the revenue is dismissed.- Decided in favour of assessee - ITA No. 716/JP/2012, 794 & 795/JP/2011, C.O. No. 60/JP/2012, 76 & 77/JP/2011 - - - Dated:- 17-7-2015 - SHRI R.P. TOLANI AND SHRI T.R. MEENA, JJ. For The Revenue : Shri Raj Mehra, JCIT For The Assessee : Shri Rajeev Sogani, CA Shri Rohan Sogani, CA ORDER PER R.P. TOLANI, JM These are three appeals filed by the Revenue and three cross objections by the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nue and Assessee have gone in appeal before Hon ble Rajasthan High Court against this bunch of orders. 4. The ld. Counsel for the assessee on the other hand contends that apart from the unverifiable purchases, there is an issue of calculation under section 80HHC. 5. At the end of the argument, both the parties agreed that the issue in question may be set aside to the file of AO to decide the same afresh after the judgment rendered in the case of Anuj Kumar Varshney Others vs. ITO (supra) by Hon ble Rajasthan High Court, after giving the assessee a reasonable opportunity of being heard in accordance with law. 6. We have heard rival contentions and perused the material on record. We find merit in the proposal of both the parties. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssee could revise its return of income u/s 139(5) before the expiry of one year from the end of the relevant A.Y. that is 31/03/2010 or before the completion of the assessment order, whichever was earlier. The assessee did not file a revised return by 30/03/2010 so the claim was rejected. On perusal of the facts of the case it is seen that mentioning section 10A instead of 10AA was an inadvertent mistake on the part of the assessee since it is engaged in the business of jewellery and not computer software. It is eligible on all other counts for claiming deduction u/s 10AA since it has duly furnished the requisite Form No. 56F (Rule 60) and Annexure A with the Audit Report. The assessee cannot be denied its legitimate claim u/s 10AA just ..... X X X X Extracts X X X X X X X X Extracts X X X X
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