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TMI Blog2022 (12) TMI 1125X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act, no disallowance is sustainable. More so when the AO himself noted that the assessee has furnished complete details and no defect has been pointed out. In this view of the matter, in our considered opinion, there is no infirmity in the order of the Ld. CIT(A), hence, we uphold the same. Whether addition has been made de-hors incriminating material found during search ? - The assessee had also relied upon Hon ble jurisdictional High Court decision in the case of Kabul Chawla [ 2015 (9) TMI 80 - DELHI HIGH COURT ] CIT(A) has dismissed this ground of the assessee. We find that the same is only of academic interest. As, we have upheld the Ld. CIT(A) s order on merits and the Revenue s appeals are liable to be dismissed. Accor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 80IC of the IT. Act, 1961 on grounds that no disallowance was made in A.Y. 2010-11 by A.O. u/s 143(3)/153A, without appreciating that before the A.O. the assessee did not furnish any details in support of the claim u/s 80IC and it was incumbent upon the assessee to prove the genuineness of eligible activity and the correctness of the claim on a year to year basis. 3. Whether on facts and circumstances of the case and in law, the Ld. CIT (A) erred in deleting the disallowance of claim u/s 80IC of the IT. Act, 1961 on grounds that the A.O. did not point out specific defects in financial statements, when the A has categorically recorded the finding in the asstt. order that in absence of any specific reply on the issue of 80IC deduction, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he assessee has been asked to explain the same. No reply was furnished by the assessee, hence, he held that pre-requisite conditions for availing deduction u/s 80IC cannot be testify. We may gainfully refer the said portion of the order. 5. During the course of assessment proceedings, it has been seen that the assessee has claimed deduction amounting to Rs.1,97,46,865/- u/s 80IC of the Income Tax Act, 1961. The assessee has been asked to explain the same. No reply was furnished by the assessee in this regard. Under such circumstances all the pre-requisite conditions for availing deduction u/s 80IC of the Act cannot be testify. In the absence of any information given by the assessee, the said deduction claimed by the assessee u/s 80IC i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... m in the assessment proceedings. iv) In the regular scrutiny assessment made u/s 143(3) of the Act for A.Y.2010-11 the claim of the deduction u/s 80IC of the Act was duly examined and allowed by the Assessing officer. Further, even, in assessment framed u/s 153A of the Act for A.Y. 2010-11 the claim of deduction u/s 8OIC of the Act has been duly allowed by the Assessing Officer. The facts and circumstances of the deduction us 80IC of the Act for the years under this appeal is no different from A.Y. 2010-11. 6.4 In view of the above detailed discussion, the addition made by the Assessing Officer u/s 80IC of the Act cannot be sustained. The same is therefore, deleted and grounds of appeal of the appellant are allowed. 5. Agains ..... X X X X Extracts X X X X X X X X Extracts X X X X
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