2014 (2) TMI 128

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....nd, Adv. For the Respondents : Shri C P Ayappa For M/s Trilegal, Adv. JUDGEMENT:- These two appeals are preferred by the Revenue against two separate orders passed by the Tribunal holding that, the assessee is entitled to deduction under Section 10-A of the Income Tax Act (for short hereinafter referred to as 'the Act'), though the report of an accountant as defined in the Explanation to ....

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....ate Authority in extending the benefit and therefore, denied to entertain the appeal. Aggrieved by the said order, the present appeals are filed. These appeals are admitted to consider the following substantial questions of law: In I.T.A.No.587/2007    "Whether the Commissioner of Appeals was justified in allowing the appeal on the ground that the Assessing Officer has not looke....

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....ll cases it cannot be accompanied by audit report. For meeting the practical difficulties of the assessee, it is not necessary that in all cases, it must be accompanied by the audit report. In fact, the provision on which reliance is placed by the Assessing Authority to deny the benefit is similar under Section 10A(5) also. Therefore, the Appellate Authorities after referring to three judgments of....