TMI Blog2018 (7) TMI 2040X X X X Extracts X X X X X X X X Extracts X X X X ..... f Income Tax, Surat 1 vs. Kiran Industries P. Ltd. ( 1760533 ) as repeatedly taken a view that filing of audited accounts in the prescribed format is a procedural requirement and as long as during the assessment the same has been complied with, the deduction cannot be disallowed. Several other High Courts have taken a similar view. - Decided against the Revenue. - R/TAX APPEAL NO. 787 of 2018 - ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act made by the AO when the assessee could not furnish audit report in prescribed form 10CCB? (B) Whether on the facts and circumstances of the case and in law, Hon ble ITAT failed to appreciate the fact that assessee was statutorily required electronically file audit report in form 10CCB before due date for filing return of income as mandated in proviso to Rule 12(2) of Income tax Rules ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... expenses claimed by the assessee. That the Assessing Officer noted and found that Audit Report in Form No.10CCB relating to claim of deduction under Section 80IA(4)(iv) of the Act was not furnished alongwith the return of income. 3. However, at this stage, it is required to be noted that and it is not in dispute that during the assessment proceedings, the assessee did file the mandatory ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ssue involved in the present Appeal is now not res integra in view of the recent decision of the Division Bench of this Court in the case of Pr. Commissioner of Income Tax, Surat 1 vs. Kiran Industries P. Ltd., in Tax Appeal No.893/2017. A similar question is answered against the revenue and in favour of the assessee. Paragraph 4 of the said decision reads as under :- 4. This Court has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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