2017 (3) TMI 1773

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..... f section 80IA requires the assessee to submit audit report along with return for claiming deduction under section 80IB. But in various authoritative pronouncements, it has been held that it is a directory requirement and not a mandatory one. If the assessee has submitted such report during the course of assessment proceedings, and the AO has benefit of such report while evaluating claim of the as .....

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..... urt. No reason to interfere in the order of the CIT(A). Accordingly, appeal of the Revenue is dismissed.
SHRI RAJPAL YADAV, JUDICIAL MEMBER AND SHRI AMARJIT SINGH, ACCOUNTANT MEMBER For the Appellant : Shri Alok Kumar, Sr. DR For the Respondent : Shri Mehul R. Shah ORDER PER RAJPAL YADAV, JUDICIAL MEMBER: Revenue is in appeal before the Tribunal against the order of the ld.CIT(A)-1, Surat .....

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..... nt order under section 143(3) and granted deduction admissible to the assessee under section 80IB of the Act. Thereafter, the AO has reopened the assessment on the ground that along with return the assessee did not file audit report in Form No.10CCB in support of its claim for deduction under section 80IB. In response to the notice received under section 148, the assessee has filed a return and su .....

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..... tion (7) of section 80IA requires the assessee to submit audit report along with return for claiming deduction under section 80IB. But in various authoritative pronouncements, it has been held that it is a directory requirement and not a mandatory one. If the assessee has submitted such report during the course of assessment proceedings, and the AO has benefit of such report while evaluating claim .....

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