1998 (9) TMI 6

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..... come-tax Act, 1961, requires the audit report to be furnished along with the return. The Tribunal has held that the requirement is directory and not mandatory and that production of the audit report before the appellate authority was sufficient compliance with the requirements of the section. The Tribunal has directed the Commissioner to consider the audit report that has been filed by the assesse .....

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..... ity sits down to assess the income for the purpose of computing income-tax after framing appropriate assessment and it is at that stage that the requirements of section 80J(1) read with sub-section (6A) thereof can be taken into consideration. The court also held that the main purpose and object of section 80J(1) is to give incentive and development benefit to the new industries covered by the pro .....

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..... receive the audit report or to direct him to consider the audit report filed before the appellate authority on the merits or to consider the report himself. The appellate authority, therefore, ought to have considered the report on the merits. We answer the question referred to us, namely, "whether the Tribunal was correct in law in holding that section 80J(6A) is directory and not mandatory an .....

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