TMI Blog2021 (5) TMI 147X X X X Extracts X X X X X X X X Extracts X X X X ..... ame issue of deduction u/s.10B of the Act is restored to the file of the AO, the computation of book profit also needs to go back to the file of the AO. Therefore, we are of the considered view that the appeal filed by the assessee against the proceedings u/s.154 of the Act and cross objection filed by the assessee challenging computation of book profit u/s.115JB of the Act needs to go back to the file of the AO. Hence, we set aside the appeal as well as the cross objection filed by the assessee to the file of the AO and direct him to reconsider the issue after deciding the issue of deduction claimed u/s.10B of the Act in pursuant to directions of the Tribunal given - Appeal as well as the cross objection filed by the assessee are treate ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of deduction claimed u/s.10B of the Act by holding that filing of Income Tax return within the due date is directory and not mandatory for availing the deduction u/s.10B of the Act. Consequent to the order of the CIT(A), the AO passed order giving effect on 26.09.2012. Subsequently, the AO after passing the order giving effect to the order of the CIT(A)-9, issued notice u/s.154 of the Act for rectification of mistakes interalia re-computation of book profit and after considering relevant submissions of the assessee, passed order u/s.154 of the Act and revised the book profit to ₹ 37,48,52,224/-. Mean time, the assessee as well as the Revenue filed further appeal before the Tribunal against the order of the ld.CIT(A). The T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ecause only issue challenged in CO filed by the assessee is computation of book profit u/s.115JB of the Act. 4. The ld.DR on the other hand fairly agreed that the appeals filed by the assessee as well as the Revenue against the order passed by the AO denying deduction claimed u/s.10B of the Act has been set aside to the file of the AO to reconsider the issue and hence computation of book profit is consequential to the issue of deduction claimed u/s.10B of the Act and accordingly this appeal as well as cross objection filed by the assessee needs to go back to the file of the AO. 5. We have heard both the parties, perused the materials available on record and gone through the orders of the authorities below. We find that the appeals fil ..... X X X X Extracts X X X X X X X X Extracts X X X X
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