Alternative deduction claim under section 10A must be examined on merits despite a return citing section 10B.

Deduction under section 10B was held unavailable because the unit was only STPI-recognised and was not shown to have approval by the Board under the Industries (Development and Regulation) Act, 1951. The assessee's alternative claim for deduction under section 10A, supported by Form 56F, could not be rejected merely because the return mentioned section 10B. That claim required fresh examination on merits in accordance with law, and the matter was remitted to the Assessing Officer for reconsideration.

---

---

Issues: Whether the assessee, having claimed deduction under section 10B in the return, could alternatively seek deduction under section 10A where the statutory conditions for section 10A were asserted to be satisfied.

Analysis: The return contained a claim under section 10B, but the assessee had also filed Form 56F indicating a claim under section 10A. The deduction under section 10B was not allowable because the unit was only STPI-recognised and was not shown to have been approved by the Board appointed under section 14 of the Industries (Development and Regulation) Act, 1951. The alternative claim under section 10A could not be rejected merely on the technical ground that the return mentioned section 10B, and it required fresh examination on merits in accordance with law.

Conclusion: The assessee's alternative claim under section 10A was required to be considered afresh, and the matter was remitted to the Assessing Officer.

---