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TMI Blog2014 (2) TMI 128X X X X Extracts X X X X X X X X Extracts X X X X ..... - Ace Multitaxes Systems Pvt.Ltd. [2009 (1) TMI 260 - KARNATAKA HIGH COURT] followed - sub-section (7) of Section 80-IA of the Act does not cast any obligation on the assessee that the return must be accompanied by the audit report - For meeting the practical difficulties of the assessee, it is not necessary that in all cases, it must be accompanied by the audit report – thus, the order of the Tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ged in Software development. While filing the return of income, the assessee claimed deduction under Section 10-A of the Act. As the said return was not accompanied by Form No.56-F, the relief under Section 10-A of the Act was denied to the assessee. However, the assessee produced the Form No.56F at the appellate stage. The first Appellate Authority having accepted the said Form No.56-F, after giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rrect in holding that the certificate required u/s.10A(5) of the Act having not been filed along with the return will not disentitle the assessee to claim relief u/s.10A of the Act as the assessee had filed Form No.56F before the Assessing Officer in assessment proceedings? This Court in the case of Commissioner of Income-Tax And Another -vs- Ace Multitaxes Systems Pvt.Ltd. reported in (2009) 31 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Authority is continuation of the assessing process and admittedly, this audit report is produced at that stage. Even though it was not produced before the Assessing Authority, the lower Appellate Authority was duty bound to take note of the said audit report and grant benefit, if the assessee is entitled to. That is precisely what the lower Appellate Authority has done. In that view of the ma ..... X X X X Extracts X X X X X X X X Extracts X X X X
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