9911796707
TMI Blog1983 (4) TMI 85X X X X Extracts X X X X X X X X Extracts X X X X ..... urposes of the tax in the earlier assessment years. For the asst. yr. under appeal, it filed the return of income declaring net income of Rs. 1,66,206. It also made a claim in the return for deduction u/s. 80J of the IT Act, 1961. During the process of assessment, the ITO has recorded that, "books of account were produced and examined". However, while computing the total income, he rejected the cl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om duly signed and verified by such accountant. The assessee felt aggrieved with the rejection of its claim u/s. 80J and moved an appeal before the CIT(A). The CIT(A) has rejected the assessee on the ground that, "it is uncontroverted that the audit report was not filed along with the return of income" and indeed it was not filed even during the course of assessment proceedings. He has, therefore, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sessment proceedings was not due to fault of the assessee. The question therefore, is whether even on such facts, the words that have been used in the statute that the audited report should be filed along with the return are such that debar the authorities below from looking into the merits of the case and allowing no reasonable opportunity to the assessee to make amends. In our considered opinion ..... X X X X Extracts X X X X X X X X Extracts X X X X
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