2019 (8) TMI 107

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....he order dated 31st October, 2014 passed by the Commissioner of Income Tax (Appeals) [CIT (A)]. 3. The brief facts are that there was a search conducted in the Dharampal Satyapal Group of cases (DS Group) on 21st January, 2011. It must be noted here that the parent company i.e. Dharampal Satyapal Ltd. (DSL) had a rubber thread unit in Agartala in Tripura. The present Assessee was formed by the demerger of DSL, which was approved by this Court by an order dated 11th September, 2007. 4. During the course of assessment proceedings of DSL under Section 153A of the Income Tax Act, 1961 (the 'Act'), a special audit under Section 142 (2)A of the Act was ordered. In the report of such special audit, the special auditor noted that DSL had been....

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....r, 2014, the CIT(A) held as under: "5.5 Considering the entire facts and circumstances of the case, I admit the audit report in form 10CCB as fresh evidence and the same has been examined by the assessing officer on merits as well. No further opportunity is required as such. I have considered the judicial pronouncement relied by Ld. AR that the audit report in form 10CCB can be submitted before the first appellant authority specially under the circumstances when loss was claimed in return of income which was converted into positive income by making addition by the assessing officer. Accordingly, the assessing officer is directed to allow deduction U/S 80lC as per law treating that the requirement of filing audit -report in form no.....