- (1.) This appeal u/s 260-A of the Income Tax Act, 1961 (for short, "IT Act") has been preferred by the appellant-revenue against the order of the Income Tax Appellate Tribunal (for short, "ITAT") dt.01/06/2012 passed in ITA No.941/JP-2011 by which the ITAT has dismissed the appeal filed by the appellant-revenue against the order of the Commissioner of Income Tax (Appeals)-II (for short, the "CIT(A)". The relevant assessment year is the assessment year 2008-09.
(2.) The brief facts, as emerging on the fact of record, are that the respondent-assessee is a private limited company engaged in the business of manufacturing and exporting of dowell pin-disc, spring cutter pin and mining of manganese ore. The assessee is basically an exporter. It was the claim of the assessee that it was entitled to deduction under Sec. 10B of the IT Act as it is a 100% export oriented unit and entitled for exemption as it fulfills all the conditions laid down u/s 10-B of the IT Act. It is the claim of the assessee that it had also got prepared an audit report in form 56-G as also tax audit report (Form 3-CD). However, inadvertently and on account of mistake by the operator in the office of the Chartered Accountant, instead of exemption having been claimed under Section 10B in the return, it was wrongly typed as 80IB and this clerical mistake was not attributable on the the part of the assessee but attributable in the office of the Chartered Accountant while e-filing return of income which was submitted on the last day on 30/09/2008. It was further claim of the assessee that all ingredients have been fulfilled of a claim under Section 10B and even in the past years, the claim was being regularly allowed.
(3.) A detailed explanation appears to have been filed by the assessee before the assessing officer (for short, "AO") mentioning about the facts and also requesting the AO to consider the mistake and in the alternative the letter may be treated as a revised return and accordingly the claim, which is otherwise allowable u/s 10B, may be allowed instead of wrong deduction u/s 80IB.;