2013 (10) TMI 1237

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....ave heard Sri R.K. Upadhyay for the income-tax department. Sri R.S. Agarwal, learned counsel for the respondent-assessee states that he does not have instructions in the matter. This Reference under Section 256 (1) of the Income Tax Act has been made by the Income Tax Appellate Tribunal on the following question of law. "Whether the Income-tax Appellate Tribunal is correct in law in setting asid....

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....ught to be withdrawn. In his reply to the notice under Section 154 of the Act, the assessee filed the report of the Chartered Accountant in Form 10-C. The first appellate authority found that the provisions 80 HH are mandatory and hence if the Auditor's report was not filed along with return, it was a mistake apparent from the record when the ITO allowed the relief under Section 80 HH of the Act. ....

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.... on the point. The Andhra Pradesh High Court in Commissioner of Income Tax Vs. Hemsons Industries [2001 (251) ITR 693] has held that the mere fact that the assessee failed to enclose the audit report along with the return itself would not disentitle it the benefit under Section 80 HH of the Act, if it files the audit report before the assessment order is passed. The Jammu and Kashmir High Court in....

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....siness of the hotel for the previous year relevant to the assessment year for which the deduction is claimed have been audited by an accountant as defined in the explanation in sub section (2) of Section 288 and the assessee furnishes along with his return of income, the report of such audit report in the prescribed form duly signed and verified by such accountant. If the accounts have not been a....