ITAT upholds CIT (A) decision on exemption claim under sec 10B for AY 2008-09.

The ITAT upheld the decision of the Ld. CIT (A) in an appeal against the order for the assessment year 2008-09. The appellant's claim for exemption u/s 10B was allowed despite mistakenly mentioning deduction u/s 80IB in the return, as all conditions for claiming u/s 10B were met. Additionally, the deduction u/s 80G was allowed as the income was positive, and no evidence was provided to prove the disallowance was due to lack of proper records.

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Issues involved:
1. Appeal against order of Ld. CIT (A) for assessment year 2008-09.
2. Issues regarding exemption u/s 10B and deduction u/s 80G.

Exemption u/s 10B:
The appellant, a 100% exporter, claimed exemption u/s 10B but mistakenly mentioned deduction u/s 80IB in the return. The Assessing Officer denied the claim as no revised return was filed. However, the Ld. CIT (A) allowed the claim stating it was a technical error and all conditions for claiming u/s 10B were satisfied. The ITAT upheld the decision, noting that the mistake did not warrant denial of the deduction.

Deduction u/s 80G:
The Assessing Officer disallowed deduction u/s 80G as it was not claimed in the return initially. The appellant argued that since the income was finally positive, the deduction should be allowed. The Ld. CIT (A) agreed, stating the claim was legitimate. The ITAT upheld this decision, emphasizing that no additional evidence was filed and the Assessing Officer did not prove the deduction was disallowed due to lack of proper records.

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