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TMI Blog2018 (6) TMI 1831X X X X Extracts X X X X X X X X Extracts X X X X ..... before the assessment was completed held that filing of audit report along with the return was not mandatory but directory and that if the audit report was filed at any time before the framing of the assessment, the requirement of the provisions of the Act should be held to have been met. The order of Hon ble Madras High Court has been affirmed by the Hon ble Supreme Court in case of CIT vs. G.M. Knitting Industries (P.) Ltd.[ 2015 (11) TMI 397 - SC ORDER] - Decided against revenue. - ITA No. 287/JP/2018 - - - Dated:- 27-6-2018 - SHRI VIJAY PAL RAO, JM AND SHRI BHAGCHAND, AM For the Assessee : Shri B. L. Agarwal (C.A.) For the Revenue : Smt. Seema Meena (JCIT) ORDER PER: VIJAY PAL RAO, J.M. This appeal by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT Act the assessee shall file audited accounts alongwith audit report in the prescribed form and duly signed by the Chartered Accountant electronically with the return of income. The ld. DR has also referred to Rule 12(2) of the Income Tax Rules and submitted that the audit report in Form No. 10CCB shall be filed electronically. Thus, the ld. DR has submitted that when the assessee failed to comply with the provisions of Section 80IE(6) as well as Section 80IA(7) of the Act then, the claim of deduction is not admissible. She has relied upon the orders of the Assessing Officer. 4. On the other hand, the ld. AR has submitted that the assessee filed tax audit report along with Form No. 10CCB during the course of assessment proceedings and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e of business and undertaking of the assessee engaged in the manufacturing of goods or articles. Only reasons for disallowance of claim of deduction U/s 80IE of the Act by the AO is not filing of the audit report in form No. 10CCB along with the return of income. It is also not in disputed that the assessee filed the requisite tax audit report in Form No. 10CCB during the course of assessment proceedings and before the assessment order was passed by the AO. The Hon ble Madras High Court in case of CIT vs. AKS Alloy Pvt. Ltd. 205 Taxman 11 while considering an identical issue of not filing of audit report in Form 10CCB along with return of income but filed the same before the assessment was completed has held in paras 5 to 13 as under:- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of Bombay in CIT v. Shivanand Electronics [1994] 209 ITR 63/ 75 Taxman 93(Bom.), apart from Gujarat High Court in Zenith Processing Mills v. CIT [1996] 219 ITR 721(Guj.) and Punjab and Haryana High Court in CIT v. Mahalaxmi Rice Factory [2007] 294 ITR 631/ 163 Taxman 565(Punj. Har). 7. The Calcutta High Court in the case in the CIT v. Berger Paints (India) Ltd. [2002] 254 ITR 503/[2003] 126 Taxman 435(Cal.) has also concurred with the said view which was followed by the Tribunal in this case. 8. Mr. T. Ravikumar, the learned counsel for the appellant is not able to produce any other judgement contrary to the above said views consistently taken. 9. In the light of the above, by virtue of hierarchy of judgements which are against ..... X X X X Extracts X X X X X X X X Extracts X X X X
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