Case Law Details
ACIT Vs Vishnu Export (ITAT Ahmedabad)
ITAT Ahmedabad held that deprival of deduction u/s 10AA of the Income Tax Act merely on the reasoning that deduction was claimed in the revised return or audit report in Form 56F was filed during the assessment proceedings is unjustified.
Facts- The interconnected issue raised by the Revenue is that the Ld.CIT(A), erred in deleting the disallowance made by the AO for the deduction claimed u/s 10AA of the Act amounting to Rs. 1,49,72,275/- despite the fact that the assessee was not eligible in such deduction.
Conclusion- We hold that the assessee cannot be deprived of the benefit granted under the statute merely on the reasoning that it was claimed in the revised return of income.
In our considered view, the assessee cannot be deprived of the benefit provided under section 10AA merely on the reasoning that the audit report in form 56F was filed during the assessment proceedings.
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