COMMISSIONER OF INCOME TAX Vs. KHALELAN DEVI

JUDGEMENT

(1.) THE short but interesting question which arises in this appeal is as follows:

(2.) THE admitted facts are that the assessee sought to claim benefit of Section 80 -IB of the Income Tax Act. As per the provisions of Section 80 -IB (7) the assessee was required to file a return duly audited by an accountant. Sub - clause (7) of Section 80 -IA reads as follows:

(3.) THE facts of the present case are that alongwith the return, the assessee only filed the last page of the audited accounts, duly certified. When it was pointed out that the entire audited report had not been filed, the assessee, during the course of assessment proceedings, furnished the audited report also. The Assessing Officer held that this could not be permitted and since the audited report had not been filed alongwith the return, the assessee could not get the benefit of Section 80 -IB. The assessee then filed an appeal before the Commissioner of Income Tax (Appeals), who decided the matter in favour of the assessee. The appeal filed by the Revenue before the Income Tax Appellate Tribunal was also rejected as far as this question is concerned. Hence the present appeal.