The Commissioner Of Income Taxchennai v. M/S.lycatel Business Outsourcing Solutionspvt. Ltd., 'Taga Towers'

IN THE HIGH COURT OF JUDICATURE AT MADRAS THE HONOURABLE MR. JUSTICE R.SUDHAKARANDTHE HONOURABLE MR. JUSTICE G.M.AKBAR ALI The Commissioner of Income TaxChennai...Appellant/Appellant- Vs - M/s.Lycatel Business Outsourcing SolutionsPvt. Ltd., 'TAGA Towers'45, Sait Colony, 2[nd] StreetEgmore, Chennai 600 008...Respondent/Respondent Appeal preferred u/s 260-A of the Income Tax Act against theorder of the Income Tax Appellate Tribunal, Madras 'D' Bench, dated21.5.13 in ITA No.2094/Mds/2012 for the assessment years 2009-2010against the order of Income Tax Appellate Tribunal,D Bench, Chennaidt. 21.05.2013 in I.T.A No. 2094/MDS/2012 and against the order ofCommissioner of Income Tax (Appeals)-I, Coimbatore dt.,24.08.2012 inA.No. 497/11-12 and arising out of the assessment order of Income TaxOfficer,Company Ward-II, (1),Chennai, dt. 20.11.2011 in GIRNO./PAN. . In this appeal, the following question of law has been raised forconsideration:- “Whether on the facts and circumstances of the case,the Tribunal was right in law in holding that it issufficient if the audit report in Form 56F was filedbefore the completion of the assessment proceedingswithout appreciating the fact that even statutoryaudit was not done nor completion of the statutoryaudit took place within the specified date which wasmandatory as per the provisions of Income Tax Act.Whether the assessee can claim deduction underSection 10-A of the Income Tax Act without filing theaudit report in the prescribed form 56F which is to beannexed with the return of income filed.” https://hcservices.ecourts.gov.in/hcservices/ 2. It is fairly submitted by the learned standing counsel for theappellant that the issue involved in this appeal is covered by adecision of this Court reported in CIT – Vs – Print System & Products(2006 (285) ITR 260) (Mad) in favour of the assessee, which stand hasbeen reiterated in T.C. (A) No.156 of 2007 dated 23.7.13. 3. Following the above said decisions, we are inclined to dismissthis appeal. Accordingly, this appeal is dismissed. Sd/-Asst. Registrar(CO) Dt.30/07/14/true copy/Sub Asst. Registrar.GLNTo1. 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