1996 (7) TMI 584

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....resident - This appeal of the assessee is directed against the order of the Dy. Commissioner (Appeals) for the assessment year 1990-91. 2. The assessee filed the return of income without the audit report in Form No. 10B. Since the return was to be accompanied by the audit report in Form No. 10B, the Assessing Officer (AO) while processing the case under section 143(1)(a) of the Act denied the b....

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.... formality. The learned Dy. Commissioner (Appeals), however, held that the prima facie adjustment was rightly done in the light of the circular of the Board as the assessee failed to file Form No. 10B along with the return which was mandatory. The assessee also cited the decision of the Hon'ble Calcutta High Court in the case of Commissioner v. Hardeodas Agarwalla Trust (1992) 198 ITR 511 (Cal....

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....IT (Exemption) and this power has not been delegated to the appellate authorities. Therefore, the order of the Assessing Officer cannot be said to be rectifiable. He accordingly rejected the appeal of the assessee. 4. The assessee is still aggrieved and has come up in appeal before the Tribunal. Shri Atul K. Jasani, the learned counsel appeared for the assessee and Shri V.S. Gore, the learned D....