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TMI Blog2014 (5) TMI 317X X X X Extracts X X X X X X X X Extracts X X X X ..... ce he could not find any fault on the part of the assessee which could have resulted in escapement of income or there was any omissions in the old format which could have made an adverse impact on the claim u/s 80IB, the ld CIT(A) rightly allowed the appeal of the assessee – there is no legal infirmity in the decision of the CIT(A) – Decided against Revenue. - ITA No. 5098/Del/2013 - - - Dated:- 6-5-2014 - Shri G. D. Agarwal And Shri A. T. Varkey,JJ. For the Appellant : Satpal Singh, Sr. DR ORDER Per A. T. Varkey, Judicial Member This is an appeal preferred by the revenue against the order of the ld CIT(A)-XV, New Delhi dated 31.07.2013 for the Assessment Year 2005-06. 2. The grounds of appeal are as follows:- 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in form 10CCB in absence of which eligibility conditions to avail deduction under this section were not verifiable. The Assessing Officer considered the reply of the assessee and agreed with the contention that the assessee‟s year of incorporation was 1997, which was by mistake written as 1987. However, on the second issue, he held that by not furnishing the mandatory audit report in form No. 10CCB in the relevant format, the assessee has not fulfilled the necessary eligibility conditions. As a result of which, the deduction u/s 80-Ib was disallowed. 4. Aggrieved by the said order of the Assessing Officer, the assessee filed an appeal before the ld CIT(A), who was pleased to allow the same. Aggrieved by the said order of the ld CI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Assessing Officer mechanically acted on the objection received from the audit party and there was no material or any information which could be termed as tangible material for re-opening the assessment. According to the ld AR in the instant case the Assessing Officer did not agree with the objection pointed out by the audit party and in fact asked the audit party to withdraw the said objection raised by them. So therefore, according to the ld AR, the satisfaction required by the Assessing Officer to re-open the assessment is completely absent in this case and therefore the entire proceeding is vitiated and therefore null and void because the Assessing Officer cannot assume jurisdiction to reopen u/s 148 read with Section 147 without re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ord. We find that the assessee had filed the old Form 10CCB while claiming deduction u/s 80IB, instead of the revised format of Form 10CCB for the Assessment Year. On learning about the same from the audit party, the Assessing Officer, reopened the assessment, wherein, the assessee filed the revised new Form 10CCB during the re-assessment proceeding, thereby, the assessee has corrected the mistake which happened while filing the return and has admitted that the claim for deduction in the old format was an inadvertent mistake. The ld CIT(A) have compared the old and the revised Format 10CCB filed by the assessee and since he could not find any fault on the part of the assessee which could have resulted in escapement of income or there was an ..... X X X X Extracts X X X X X X X X Extracts X X X X
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