2014 (7) TMI 252 - AT - Income Tax

Tribunal remands case for re-examination of deduction eligibility under section 80IB.

Oswin Plastics Pvt. Ltd. Versus Dy. Commissioner of Income Tax

Oswin Plastics Pvt. Ltd. Versus Dy. Commissioner of Income Tax - [2014] 33 ITR (Trib) 133 (ITAT [Mum]) Issues:Challenge to impugned order under section 143(3) r/w section 263 r/w section 254 for assessment year 2004-05.Disallowed deduction under section 80IB of Rs. 24,16,480 due to incorrect audit report.Validity of revised audit report filed subsequent to original assessment proceedings.Analysis:The appellant contested the impugned order dated 15th October 2010, challenging the disallowance of deduction under section 80IB amounting to Rs. 24,16,480. The dispute arose as the audit report filed by the assessee was not in the prescribed form and lacked crucial details required for allowing the claim. The Assessing Officer initially allowed the deduction based on the old format audit report but later issued a notice under section 154 to rectify the mistake. In response, the assessee submitted a revised audit report in the new format, which was accepted by the Assessing Officer. However, the Commissioner under section 263 directed the re-computation of total income without allowing the deduction under section 80IB, leading to an appeal before the Tribunal.In the subsequent proceedings, the Assessing Officer disallowed the claim under section 80IB based on the Commissioner's directions, emphasizing that the deduction cannot be allowed to the assessee. The appellant argued that the revised audit report should be considered for allowing the claim, citing that the filing of the audit report is directory, not mandatory. The appellant relied on several case laws to support this argument. The Departmental Representative, however, supported the Commissioner's order, which was confirmed by the Tribunal, emphasizing the absence of the requisite audit report before the Assessing Officer.The Tribunal observed that the assessee's claim for deduction under section 80IB had been allowed in previous years as well. Despite the initial discrepancy in the audit report, the revised report was submitted in the new format after the rectification notice, which the Assessing Officer accepted without altering the deduction. The Tribunal noted that this crucial fact was not considered in the subsequent proceedings. Therefore, in the interest of justice, the matter was remanded back to the Assessing Officer to examine the revised audit report's allowability for the deduction under section 80IB. The Tribunal partially allowed the grounds raised by the assessee for statistical purposes, restoring the matter for further examination by the Assessing Officer.In conclusion, the appellant's appeal was partly allowed for statistical purposes, emphasizing the importance of considering the revised audit report for determining the allowability of the deduction under section 80IB.