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Judgment
On an application filed u/s 256(1) of the income tax Act, 1961, the Tribunal has referred the following questions for the opinion of this Court:-- 1. Whether, the learned ITAT was right in its wisdom to hold that not filing the return along with the Annexure-A in Form No. 10CCAC in new format is merely a procedural mistake/technical mistake and same can be rectified in time ?
Whether the mistake by not filing Annexure-A in new format in Form No. 10CCAC can be rectified u/s 154 without there being any Form No. 10CCAC in new format along with the application u/s 154 of the Act ?
Whether even if the assessee failed to furnish Annexure-A in new format in Form No. 10CCAC, subsequently under the provisions of section 154?
Whether it was incumbent on the Assessing Officer or the CIT(A) to allow the rectification u/s 154 of the Act and giving relief u/s 80HHC thereon ?
At the outset, learned Counsel for the assessee submits that identical questions have been considered by this Court in the case of ITO v. Novelty Garments [2002] 124 Taxman 71 wherein this Court has dismissed the appeal of the revenue. Learned Counsel for the revenue has not controverted this fact.
Following our view in the case of Novelty Garments (supra) we find no substance in the appeal and the same is dismissed.