1983 (4) TMI 85

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....yr. 1978-79. 2. The assessee is a registered firm and has been in existence for purposes of the tax in the earlier assessment years. For the asst. yr. under appeal, it filed the return of income declaring net income of Rs. 1,66,206. It also made a claim in the return for deduction u/s. 80J of the IT Act, 1961. During the process of assessment, the ITO has recorded that, "books of account were p....

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....shes, along with his return of income, the report of such audit in the prescribed from duly signed and verified by such accountant. The assessee felt aggrieved with the rejection of its claim u/s. 80J and moved an appeal before the CIT(A). The CIT(A) has rejected the assessee on the ground that, "it is uncontroverted that the audit report was not filed along with the return of income" and indeed i....

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....e the ITO along with the return and in making a proper claim during the course of assessment proceedings was not due to fault of the assessee. The question therefore, is whether even on such facts, the words that have been used in the statute that the audited report should be filed along with the return are such that debar the authorities below from looking into the merits of the case and allowing....