DIRECTOR OF INCOME-TAX Vs. DIVYAJYOT FOUNDATION

JUDGEMENT

(1.) HEARD learned Counsel for the appellant.

(2.) THE following common substantial question of law is proposed for admission of these three appeals. Whether the Appellate Tribunal is right in law and on facts in confirming the order passed by the Commissioner of Income -tax (Appeals) in deleting the addition of Rs. 2,12,35,583 while the asses -see has not submitted its accounts in Form No. 10AA on or before June 30, 2004, to the DGIT(E), New Delhi as required under Section 80G(5C)(v) of the Income -tax Act, 1961 read with Rule 18AAAA of the Income -tax Rules, 1962, whereas Section 12(3) of the Income -tax Act, 1961 specifically mentioned about the accounts, which have not been rendered before the prescribed authority in given time?

(3.) THE Commissioner of Income -tax (Appeals) as well as the Tribunal both found that though the assessee has not submitted its accounts in Form No. 10AA before the prescribed authority in given time, but that does not justify the addition and disallowance of the claim of the assessee. Considering the concurrent findings, we see no merit in these three appeals.