2006 (8) TMI 159

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.... if he had not filed the audit report in Form No. 10CCB along with the return of income?" 2. Briefly stated, the assessee had claimed deduction under section 80-I amounting to Rs. 4,03,528/-. This claim of the assessee was turned down by the Assessing Officer on the ground that the report in Form No. 10CCB was not submitted along with the return. On appeal, the Commissioner of Income-tax (Appeals) directed the Assessing Officer to allow deductions under section 80-I following his predecessor's order. The matter was carried to the Tribunal. It was submitted before the Tribunal that no audit report in Form No. 10CCB was filed along with the return. The assessee vide its reply on February 28, 1992, stated that the audit report dated Oct....

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....the judgment of the Gujarat High Court in CIT v. Gujarat Oil and Allied Industries [1993] 201 ITR 325 maintained the order passed by the Commissioner of Income-tax (Appeals). Learned counsel for the Revenue has invited our attention to the judgment in CIT v. Shivanand Electronics [1994] 209 ITR 63 (Bom) and to the passage which reads as under (headnote) : "When the Legislature casts a duty on the assessee claiming a certain benefit, to comply with the requirements which are associated with such benefit, the assessee cannot get the benefit without doing his part of the duty. He cannot be allowed to say that it was for the Income-tax Officer to ask him to do so. If the assessee does not do his part of the statutory duty, the Income-t....

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....sed is as to what would be the effect if Form No. 10CCB is filed later on during the pendency of the assessment. It is not disputed that the report in the prescribed Form No. 10CCB was filed by the assessee before completion of the assessment. It is, therefore, clear that the assessee complied with all the provisions of law except that in submission of Form No. 10CCB, there was delay. 7. We are of the view that even if an assessee fails to file information in Form No. 10CCB along with the return, he cannot be divested of the benefit of section 80-I. It is not a case where the form was filed after the assessment, but before it and, therefore, when the authorities assessed the income, the form was before the Assessing Officer. Under these ....