2006 (8) TMI 159 - HC - Income Tax

Deduction u/s 80-I - not filed the audit report in Form No. 10CCB along with the return of income - HELD THAT - We are of the view that even if an assessee fails to file information in Form No. 10CCB along with the return, he cannot be divested of the benefit of section 80-I. It is not a case where the form was filed after the assessment, but before it and, therefore, when the authorities assessed the income, the form was before the Assessing Officer. Thus, we find that the approach of the CIT (A) and the Tribunal was proper. Thus, the Tribunal was justified in law in holding that the claim of the assessee u/s 80-I is justified even if he had not filed the audit report in Form No. 10CCB along with the return. We, therefore, answer the question against the Revenue and in favour of the assessee.

Summary

Issues:
Interpretation of Section 80-I for deduction claim without Form No. 10CCB audit report submission along with the return.

Analysis:
The case involved a dispute regarding the eligibility of an assessee for deduction under section 80-I without submitting the audit report in Form No. 10CCB along with the return of income. The assessee had claimed a deduction under section 80-I, which was initially rejected by the Assessing Officer due to the absence of the required audit report. However, the Commissioner of Income-tax (Appeals) directed the allowance of deductions under section 80-I, following the precedent set by the predecessor's order. The Tribunal upheld this decision, considering the submission of the audit report before the completion of the assessment, citing a judgment of the Gujarat High Court in a similar case.

Sub-section (7) of section 80-I specifically outlines the requirement for furnishing the audit report in the prescribed form along with the return of income to claim the deduction. The Revenue contended that the failure to submit the report in the prescribed Form No. 10CCB along with the return rendered the assessee ineligible for the benefit of section 80-I. However, the Tribunal, relying on the Gujarat High Court judgment, maintained the allowance of deduction, emphasizing the timely availability of the audit report before the assessment completion.

The court deliberated on the mandatory nature of submitting Form No. 10CCB along with the return. While acknowledging the mandatory requirement of filing the report, the court differentiated between the timing of submission, stating that a delay in filing the form before the completion of assessment does not invalidate the claim if valid reasons for the delay exist. The court emphasized that as long as the audit report was submitted before the assessment was finalized, the benefit of section 80-I should not be denied to the assessee.

The court further referenced the Bombay High Court judgment in CIT v. Shivanand Electronics, highlighting the importance of considering belated submissions based on the statutory duty and the reasons for the delay. The court concluded that even if the prescribed form is submitted after the specified time but before the completion of assessment, the Assessing Officer must consider the claim made by the assessee. Therefore, the court held that the Tribunal was justified in allowing the claim under section 80-I despite the delayed submission of the audit report in Form No. 10CCB, ruling in favor of the assessee and against the Revenue.