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Allahabad HC: Audit Report During Assessment Meets Section 80-IB Criteria

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Summary

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  • The Allahabad High Court has upheld the deduction under Section 80-IB of the Income Tax Act for Surya Merchants Ltd., dismissing the Revenue's appeal for Assessment Year 2005-06.
  • The court ruled that the audit report, although not submitted with the return, was provided during assessment proceedings, satisfying compliance requirements.
  • This decision aligns with previous rulings from various High Courts affirming that such filing requirements are directory rather than mandatory.
  • The ruling reinforces the entitlement of taxpayers to deductions based on enhanced profits, even if certain expenditures are disallowed under Section 40A(3).

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