Alternative export deduction allowed on substantive eligibility despite original-return omission, while unsupported unbilled revenue addition remained sustainable.
Unbilled revenue addition remained sustainable because no evidence showed that the amount had already been included in taxable revenue, and no bills, vouchers or receivable details supported the claimed treatment. Deduction for export-oriented undertaking income under section 10B was unavailable without prescribed approval; however, the alternative section 10A deduction was allowable because substantive eligibility was established despite its omission from the original return and later filing of Form 56F. Bonus payment was allowable where the provision had been debited and adjusted in the computation and no defect was identified in the first appellate allowance. The assessee's and revenue's challenges failed, and the cross-objection did not survive.
Issues: (i) Whether the addition made on account of unbilled revenue was sustainable; (ii) whether the assessee was entitled to deduction under section 10B or, alternatively, section 10A; (iii) whether disallowance of bonus payment under section 43B was justified.
Issue (i): Whether the addition made on account of unbilled revenue was sustainable.
Analysis: The assessee claimed that the difference between opening and closing unbilled revenue had already formed part of the year's taxable revenue and that taxing it again would amount to double taxation. The record, however, did not contain evidence to show that the unbilled revenue had been included in the revenue offered to tax for the year. There was also no supporting material such as bills, vouchers, or receivable particulars to explain the source and treatment of the amount.
Conclusion: The addition on account of unbilled revenue was upheld and the assessee's objection was rejected.
Issue (ii): Whether the assessee was entitled to deduction under section 10B or, alternatively, section 10A.
Analysis: The claim under section 10B was disallowed on the basis that approval from the authority contemplated for that provision had not been obtained in the prescribed manner, and the issue was treated as covered against the assessee by binding precedent. The alternative claim under section 10A was examined in the revenue's appeal. The assessee had filed a revised return along with Form 56F before the appellate authority, and the objection based on the absence of such claim in the original return was treated as only technical. Since the eligibility conditions for section 10A were otherwise shown to be satisfied, the alternative deduction was held allowable.
Conclusion: The denial of deduction under section 10B was sustained, while the allowance of deduction under section 10A was also sustained.
Issue (iii): Whether disallowance of bonus payment under section 43B was justified.
Analysis: The bonus provision had already been debited in the profit and loss account and adjusted in the computation, and the appellate record did not disclose any infirmity in the allowance granted by the first appellate authority. The revenue's challenge was therefore not accepted.
Conclusion: The disallowance of the bonus claim was rejected and the assessee was held entitled to the allowance.
Final Conclusion: Both the assessee's appeal and the revenue's appeal failed, and the cross-objection also did not survive.
Ratio Decidendi: A deduction claim may be examined on its substantive eligibility even when raised as an alternative appellate claim, while additions and disallowances must rest on supporting evidence and cannot be sustained on mere technical or unsubstantiated objections.