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TMI Blog2024 (3) TMI 939X X X X Extracts X X X X X X X X Extracts X X X X ..... s of Rs. 35,14,130/- made in the intimation u/s 143(1) is bad-in-law and without jurisdiction and the CIT(A) erred in not holding so. 2. On the facts and circumstances of the case and in law, the CIT(A) erred in confirming the addition of Rs. 35,14,130/- made in the intimation u/s 143(1) on the account of disallowance of deduction u/s 80IC of the Act. 3. On the facts and circumstances of the case and in law, the CIT(A) erred in passing ex-parte order. 4. On the facts and circumstances of the case and in law, the CIT(A) erred in passing order without providing proper opportunity of being heard. 5. On the facts and circumstances of the case and in law, the order passed by CIT(A) is against the principles of natural justice. The appe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the assessment orders for AY 2012-13, 2013-14 and 2014-15. The Appellant has relied on some of the decisions and has argued that the filing of the audit report is directory in nature and not mandatory. Deduction cannot be denied on the ground that audit report was not furnished or was furnished beyond the due date of filing of the return of income." 5. However, learned CIT(A) was not convinced and he confirmed the disallowance. Against this order, assessee is in appeal before us. 6. We have heard both the parties and perused the records. Learned Counsel for the assessee submitted that the due date of filing of return in this case was 07.11.2017. The return was filed on 29.08.2017 and the Tax audit report was also filed on 28.10.2017 and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he ground that the assessee has failed to furnish form 3AA along with the return of income. Admittedly, form 3AA was submitted during the course of assessment proceedings and it is not in dispute that the assessee is entitled to the additional depreciation. In these circumstances, in the light of the judgment of this court in the case of CIT v. Shivanand Electronics reported in [1994] 209 ITR 63 (Bom), we see no merit in this appeal. The appeal is, accordingly, dismissed with no order as to costs." 2. We concur with the aforesaid view of the High Court and hold that even if form 3AA was not filed along with return of income but the same was filed during the assessment proceedings and before the final order of the assessment was made that ..... X X X X Extracts X X X X X X X X Extracts X X X X
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