2012 (6) TMI 787 - AT - Income Tax

Summary

Issues involved:
1. Appeal against order of Ld. CIT (A) for assessment year 2008-09.
2. Issues regarding exemption u/s 10B and deduction u/s 80G.

Exemption u/s 10B:
The appellant, a 100% exporter, claimed exemption u/s 10B but mistakenly mentioned deduction u/s 80IB in the return. The Assessing Officer denied the claim as no revised return was filed. However, the Ld. CIT (A) allowed the claim stating it was a technical error and all conditions for claiming u/s 10B were satisfied. The ITAT upheld the decision, noting that the mistake did not warrant denial of the deduction.

Deduction u/s 80G:
The Assessing Officer disallowed deduction u/s 80G as it was not claimed in the return initially. The appellant argued that since the income was finally positive, the deduction should be allowed. The Ld. CIT (A) agreed, stating the claim was legitimate. The ITAT upheld this decision, emphasizing that no additional evidence was filed and the Assessing Officer did not prove the deduction was disallowed due to lack of proper records.