Dismissed

Commissioner of Income Tax v. M/S Lycatel Business

Madras HC15 Jul 2014TCA/977/2013

Case brief

AI extract

What is this about?

The Madras High Court dismissed the Income Tax Appellant's appeal against the Tribunal's order. Relying on prior precedents, the court held that the Assessing Officer was justified in denying deduction under Section 10-A due to the absence of a filed statutory audit report in Form 56F.

What did the court decide?

The appeal involving the denial of deduction under Section 10-A on account of non-filing of required audit reports was dismissed.

Commissioner of Income Tax Vs M/S Lycatel Business — Income Tax | Madras HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATE : 15.07.2014

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CORAM

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THE HONOURABLE MR. JUSTICE R.SUDHAKAR AND THE HONOURABLE MR. JUSTICE G.M.AKBAR ALI

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T.C. (A) NO. 977 OF 2013

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The Commissioner of Income Tax Chennai. ..Appellant/Appellant - Vs -

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M/s.Lycatel Business Outsourcing Solutions Pvt. Ltd., 'TAGA Towers' 45, Sait Colony, 2^nd Street Egmore, Chennai 600 008. ..Respondent/Respondent

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Appeal preferred u/s 260-A of the Income Tax Act against the order of the Income Tax Appellate Tribunal, Madras 'D' Bench, dated 21.5.13 in ITA No.2094/Mds/2012 for the assessment years 2009-2010 against the order of Income Tax Appellate Tribunal,D Bench, Chennai dt. 21.05.2013 in I.T.A No. 2094/MDS/2012 and against the order of Commissioner of Income Tax (Appeals)-I, Coimbatore dt.,24.08.2012 in A.No. 497/11-12 and arising out of the assessment order of Income Tax Officer,Company Ward-II, (1),Chennai, dt. 20.11.2011 in GIR NO./PAN.AABCL1539R.

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For Appellant : Mr.T.Ravikumar JUDGMENT

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(DELIVERED BY R.SUDHAKAR, J.)

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In this appeal, the following question of law has been raised for consideration:-

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“Whether on the facts and circumstances of the case, the Tribunal was right in law in holding that it is sufficient if the audit report in Form 56F was filed before the completion of the assessment proceedings without appreciating the fact that even statutory audit was not done nor completion of the statutory audit took place within the specified date which was mandatory as per the provisions of Income Tax Act.

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Whether the assessee can claim deduction under Section 10-A of the Income Tax Act without filing the audit report in the prescribed form 56F which is to be annexed with the return of income filed.”

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https://hcservices.ecourts.gov.in/hcservices/

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It is fairly submitted by the learned standing counsel for the appellant that the issue involved in this appeal is covered by a decision of this Court reported in CIT – Vs – Print System & Products (2006 (285) ITR 260) (Mad) in favour of the assessee, which stand has been reiterated in T.C. (A) No.156 of 2007 dated 23.7.13.

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Following the above said decisions, we are inclined to dismiss this appeal. Accordingly, this appeal is dismissed.

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Sd/-
Asst. Registrar(CO)
Dt.30/07/14
/true copy/
Sub Asst. Registrar.
GLN
To
1. The Income Tax Appellate Tribunal
Madras 'D' Bench, Chennai.
2. Commissioner of Income Tax (Appeals-I)
Coimbatore.
3. The Income Tax Officer
Company Ward – II (1), Chennai.
4.The Commissioner of Income Tax,
Chenna.
5.The Asst. Registrar,
Income Tax Appellate Tribunal,
Rajaji Bhavan,IIIrd Floor,
Besant Nagar,
Chennai-90
PK(CO)
ka 01/8
T.C. (A) NO. 977 OF 2013
15.07.2014

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https://hcservices.ecourts.gov.in/hcservices/

Commissioner of Income Tax v. M/S Lycatel Business

Case brief

What is this about?

What did the court decide?

Commissioner of Income Tax v. M/S Lycatel Business

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Cases cited

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