https://www.taxtmi.com/caselaws?id=788520 Section 35AD deduction cannot be denied merely because Form 10CCB was not filed with the return if the audit report is furnished before completion of the fresh assessment. The text states that, where an assessment is set aside under section 263 and remanded, the proceedings are treated as a fresh assessment and materials produced before its completion must be considered. It also notes that the claim was disclosed in the return and tax audit report, depreciation on the same assets was foregone, and no contrary material disproved the claim's bona fides. The deduction was therefore held allowable and income recomputation under section 115JC was to follow. en-us Fri, 20 Mar 2026 00:00:00 +0530 Tue, 24 Mar 2026 08:12:23 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=788520 Section 35AD deduction cannot be denied merely because Form 10CCB was not filed with the return if the audit report is furnished before completion of the fresh assessment. The text states that, where an assessment is set aside under section 263 and remanded, the proceedings are treated as a fresh assessment and materials produced before its completion must be considered. It also notes that the claim was disclosed in the return and tax audit report, depreciation on the same assets was foregone, and no contrary material disproved the claim's bona fides. The deduction was therefore held allowable and income recomputation under section 115JC was to follow. Case-Laws Income Tax Fri, 20 Mar 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=788520