2005 (10) TMI 44

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....d the assessment was revised giving effect to the order of the Commissioner of Income-tax (Appeals) and the revised total income was quantified at Rs. 9,39,070. The Assessing Officer noted that in the original assessment, claim under section 80HHD of Rs. 5,92,979 was allowed to the assessee, although, it had not filed the required certificate from the chartered accountant. As a consequence, the Assessing Officer found that the income assessable to tax had escaped assessment within the meaning of section 147 of the Act. Thus, to tax the above escaped income, notice was issued under section 148 of the Act. The asses-see filed a reply on September 14, 1998 objecting to the reopening of the assessment and also stated that the return filed on De....

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....s right in holding that the deduction under section 80HHD is allowable where the assessee had failed to file the relevant audit report along its return? (ii) Whether, on the facts and circumstances of the case, the Tribunal was right in holding that the condition stipulated in section 80HHD regarding the filing of the audit report along with the return is not a mandatory condition for the purpose of claiming deduction under section 80HHD?" The issue involved in this appeal is, whether the audit report can be filed at a belated stage but before completion of assessment and whether it is mandatory to file the audit report along with the return. It is fairly conceded by learned counsel for the appellant that the issue involved in this....