S.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the claim of the assessee under s. 80-I is justified even if he had not filed the audit report in Form No. 10CCB along with a return of income ?

Supreme Court Of India

CIT vs. Panama Chemicals Works

Section 256(2)

B.N. Kirpal & Ms. Ruma Pal, JJ.

Civil Appeal Nos. 5077 & 5078 of 2000

15th September, 2000

Counsel Appeared

H.N. Salve with Ms. Lakshmi Iyengar, S.K. Dwivedi & Ms. Sushma Suri, for the Appellant : None, for the Respondent

ORDER

BY THE COURT :

Delay condoned. Special leave granted.

After hearing learned counsel for the appellant, we are of the opinion that a question of law did arise. We, therefore, direct the Tribunal to state the case and refer the following question of law to the High Court.

“Whether, on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the claim of the assessee under s. 80-I is justified even if he had not filed the audit report in Form No. 10CCB along with a return of income ?”

The appeals are disposed of.

[Citation : 250 ITR 661]

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