9911796707
TMI Blog1990 (11) TMI 196X X X X Extracts X X X X X X X X Extracts X X X X ..... accounts were audited in the normal course and the returns were filed on the basis of the audited accounts. Claims were made for deduction under sections 80H and 80-I. However, the assessee had not filed the audited report in the prescribed Forms 10C and 10CCB. But the ITO had allowed the assessee's claim. 3. The CIT was of the opinion that the order of the ITO was erroneous and prejudicial to r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... icate is prescribed is already implied and available in the audited accounts. Under these circumstances, the prescribed certificate on the facts of the assessee's case is only a formality. Even if the assessee had, for some bona fide reason, overlooked the same, an opportunity should have been given for filing the same. 5. I have considered the submissions. In my opinion, the assessee is entitl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hartered Accountant is the same, whether the accounts should be statutorily audited or not. Therefore, in substance, there has been compliance with the requirements of the rules in this case. 6. In this connection, I may refer to the decision of the Kerala High Court in the case of CIT v. Malayalam Plantations Ltd. [1976] 103 ITR 835. In that case, the assessee, a tea company, had claimed devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... truction that the provision in Rule 8A requiring the certificate to be filed along with the return is a mandatory provision, non-compliance of which will disentitle the assessee to claim development allowance under section 33A of the Act. Therefore, though filing of the certificate is mandatory, the failure to file it along with the return will not result in forfeiture of the claim to development ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
