2019 (8) TMI 1129

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....nue. Respondent Through: Mr.Ajay Vohra, Senior Advocate with Mr. Aniket D. Agrawal, Ms. Kannopriya Gupta and Mr. Neeraj Jain, Advocates. O R D E R 1. The Revenue is in appeal against an order dated 3rd October, 2016 passed by the Income Tax Appellate Tribunal (ITAT) in ITA No. 3554/Del/2014 and 3595/Del/2014 for the Assessment Year AY) 2009-10. 2. While admitting this appeal for hearin....

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....s to generate powers in terms of 80IA (1) and (2) of the Act. 4. The original return of income for AYs 2009-10 was filed on 29th September, 2009 after setting-off unabsorbed depreciation from the above two windmill units [even though the same had been fully absorbed against the profits from the float glass business of the Respondent/Assessee for earlier years]. Accordingly deduction was claimed....

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....250(6) of the Act admitted the revised claim of deduction under Section 80IA of the Act. However, the CIT (A) on merits rejected the enhancement of the deduction on a different ground. 6. Both the Revenue and Assessee filed cross-appeals before the ITAT. By the impugned order the ITAT has allowed the appeal of the Assessee and dismissed the appeal of the Revenue. The ITAT has upheld admissibili....

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....ing his return of income, the report of such audit in the prescribed form duly signed and verified by such accountant. 9. The admitted position that the Assessee did not furnish such audited report form as originally filed. It has been explained by the Assessee that in view of Rule 12(2) of Income Tax Act, 1962, which required returns filed electronically not to be accompanied by any document, ....