TMI Blog2016 (4) TMI 645X X X X Extracts X X X X X X X X Extracts X X X X ..... ong with the return of income and this is further supported by the report of auditors in form no.3CD relating to audit report required u/s 44AB wherein the auditor has made a remark that “as advised to us by assessee claim u/s 80IB(10) is available and we have been disclosing the same as a reply to point 26 of the form 3CD. The assessee has requested us to continue with the same disclosure till to the date of finalization & disposal of appeal of the Income-tax Department with ITAT, Ahmedabad. Therefore we have continued to show that claim is admissible, but the same should be viewed in the light of above. As assessee has defaulted in submitting the auditor’s report mandatorily required to be furnished along with the return of income we are of the view that assessee cannot claim deduction u/s 80IB(10) of the Act and, therefore, we find no reason to interfere with the order of ld. CIT(A). - Decided against assessee. - ITA No.1200/Ahd/2015 - - - Dated:- 2-3-2016 - Shri Rajpal Yadav, JM, Manish Borad, AM. For The Appellant by Shri S. N. Divetia, AR For The Respondent by Shri Vilas V. Shinde, DR ORDER PER Manish Borad, Accountant Member. This appeal of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 3(2) of the Act was issued on 22.7.2009 and served upon the assessee. Along with the return of income, assessee also furnished tax audit report in form no.3CB and 3CD but no report in form No.10CCB with regard to claim of deduction u/s 80IB(10) of the Act was submitted. Assessing Officer denied the deduction u/s 80IB(10) of the Act for two reasons namely (i) assessee had been denied deduction u/s 80IB(10) in earlier years and matter being still sub-judice and (ii) nonfiling of audit report in form no.10CCB of the Act for claiming deduction u/s 80IB(10) of the Act along with return of income. Accordingly, income of the assessee was assessed at ₹ 2,72,913/-. 4. Aggrieved, assessee went in appeal before ld. CIT(A). However, ld. CIT(A) dismissed the appeal of assessee by observing as under :- 4.3. I have considered the facts of the tase and submission made by the appellant. In this case, the AO has disallowed the claim of deduction u/s80IB(10) amounting to ₹ 2,66,002/-. It has been pleaded by the appellant that the appellant had continued the work of development and construction of a housing project namely Bhagwati Nagar by virtue of development agreement executed on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the appellant but in the instant case the appellant has not enclosed the said report in Form No.l0CCB besides the audit report in Form No.3CB and 3CD. Even in the assessment proceedings and also in the appellate proceedings the appellant has not submitted the said audit report desired for claiming the deduction u/s 80IB of the Act. Thus, it has not complied with the provisions of Section 80IB(10) of the Act and accordingly the appellant was not entitled to get the deduction u/s.80IB(10) of the Act. : 4.7. Although in the written submission filed he has analyzed the terms/conditions to be complied with for claiming the deduction u/s.80IB(10) but the same are not being looked into for the reason that prima-facie the appellant has not complied the statutory conditions of submission of the audit report in Form No.3CCB. 4.8. It is needless to mention that in the audit report 3CD column No26 and from the notes to the accounts the auditor has not given his own observations about the eligibility of the deduction u/s.80IB. Rather the advice of the appellant about the eligibility of the claim has been simply depicted. So it was not the observations of the auditor on merit but was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessee furnishes, along with his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant. Rule 18BBB. (1) The report of the audit of the accounts of an assessee, which is required to be furnished under sub-section (7) of section 80-IA or sub-section (7) of section 80-I, except in the cases of multiplex theatres as defined in sub-section (7A) of section 80-IB or convention centres as defined in sub-section (7B) of section 80-IB 1[or hospitals in rural areas as defined in sub-section (11B) of section 80-IB], shall be in Form No. 10CCB. (2) A separate report is to be furnished by each undertaking or enterprise of the assessee claiming deduction under section 80-I or 80-IA or 80-IB 1[or 80-IC] and shall be accompanied by the Profit and Loss Account and Balance Sheet of the undertaking or enterprise as if the undertaking or the enterprise were a distinct entity. (3) In the case of an enterprise carrying on the business of developing or operating and maintaining or developing, operating and maintaining an infrastructure facility, the form shall be accompanied by a copy of the agreement of the enterprise with the Centr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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