2014 (3) TMI 257

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....usiness of software development and export and is a 100% Export Oriented Unit (in short "EOU") registered with Software Technology Park of India (in short "STPI"), Mumbai. For the impugned A.Y., assessee filed return of income of Rs.12,667/- after claiming exemption under section 10B of Rs.6,10,13,584/-. The A.O. did not allow the claim under section 10B as the assessee has not complied with the approval to be given by the Board appointed by the Central Government as per section 14 of the Industries (Development and Regulation) Act, 1951. In the course of assessment proceedings, the assessee furnished auditor's certificate in Form 50F in terms of section 10A(5) of the Act read with Rule 16D of I.T. Rules, 1962 and claimed deduction under se....

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....plicable to their case, as such there was no scope for furnishing the required Form 56F, along with the return of income, simultaneously. However, it is also a fact, the moment the assessee realised that provisions of Sec.10A are applicable to the case, Form 56F was furnished, at the stage of assessment, if not along with the Return of Income, which was not considered by the A.O. In this context, it may be relevant to mention that, judicial decisions repeatedly upheld the acceptance of required certificates, furnished before completion of assessments, for claiming various deductions under Chapter-VIA. This issue has been clearly denoted in the decision of Hon'ble Punjab & Haryana High Court in the case of CIT Vs. Ramco International (ITA No....

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....d/2012) (ii) Supreme Netsoft Pvt. Ltd., ITAT 'A' Bench, Hyderabad (ITA No.1301/H/2011) (iii) Infosage Systems (India) Pvt. Ltd., ITAT, 'A' Bench, Hyderabad (ITA.No.952/H/2010) (iv) Efextra e Solutions Pvt. Ltd. ITAT 'B' Bench, Delhi (ITA.No.313/Del/2012). 3.1. Further analyzing the various other cases on the issue of claim made before A.O., the CIT(A) finally concluded vide para 5.11 of his order as under : "5.11. Thus, by considering the fact that the appellant being a 100% EOU unit approved by STPI, though such claim was neither made in original return, was made during the assessment proceedings, by filing the relevant Audit Report in Form 56F and as supported by the findings decisions by various ITAT (supra), it is held th....