IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No.417 of 2008 Date of decision: 8.12.2008 The Commissioner of Income Tax, Jalandhar I, Jalandhar -----Appellant Vs. M/s Ramco International Dhogri Road, Near Pathankot Bye Pass, Jalandhar. --Respondent CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL HON'BLE MR JUSTICE L.N.MITTAL Present: Mr. Vivek Sethi, advocate for the revenue. Adarsh Kumar Goel,J. 1. The revenue has preferred this appeal under section 260A of the Income Tax Act, 1961 (in short, ‘the Act’) against the order of Income Tax Appellate Tribunal, Amritsar Bench, Amritsar dated 12.10.2007, passed in ITA No.213(ASR)/2007 for the assessment year 2003-04, proposing to raise following substantial questions of law:- “1. Whether, on the facts and in the circumstances of the case and in law, the ITAT was right in law in ITA No.417 of 2008 allowing assessee’s claim for deduction under section 80IB, which the assessee had neither claimed in the return of income nor through a revised return of income? 2. Whether on the facts and in the circumstances of the case, the decision of ITAT is not contrary to the law as spelt out by the Hon’ble Supreme Court in Goetze (India) Limited v. CIT, 284 ITR 323 (SC) and Additional Commissioner of Income Tax v. Gurjargravures P.Limited, 111 ITR 1 (SC)?” 2. The assessee claimed deduction under section 80IB of the Act and though Form 10CCB and other requisite documents were furnished, the Assessing Officer without referring to the said documents made assessment. On appeal, the appellate authority upheld the claim of the assessee. The Tribunal has upheld the said view. 3. Learned counsel for the revenue submits that the assessee made claim by way of an application without filing a revised return and in such a situation, judgment of the Hon’ble Supreme Court in Goetze India Limited v. CIT, 284 ITR 323 was applicable and deduction could not be allowed. 4. We are unable to accept the submission. The Tribunal has considered this issue and found that as per Form 10CCB filed during assessment proceedings, the claim of the assessee was 2 ITA No.417 of 2008 admissible. Finding of the Tribunal is as under:- “19. In view of the above, we find no error in the order of the learned CIT(A). It has correctly been held by the first appellate authority, inter alia that as per Form No.10CCB filed during the assessment proceedings, the claim made by the assessee was admissible and the same remained to be allowed. The order of the learned CIT(A) is hereby upheld in view of the above discussion. The grievance of the departmennt stands rejected.” 5. In view of the finding that the assessee was not making any fresh claim and had duly furnished the documents and submitted Form for claim under section 80IB, there was no requirement for filing any revised return. The judgment relied upon was not applicable. 6. Accordingly, we are unable to hold that any substantial question of law arises. 7. The appeal is dismissed. (Adarsh Kumar Goel) Judge December 8, 2008 (L.N.Mittal) ‘gs’ Judge 3 ITA No.417 of 2008 4