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2014 (7) TMI 430 - AT - Income TaxClaim of deduction u/s 10A where assessee originally claimed exemption u/s 10B and found not eligible – Specific approval by Board not obtained – Held that:- The decision in COMMISSIONER OF INCOME TAX, DELHI (CENTRAL) – I Versus CONTIMETERS ELECTRICALS PVT. LTD. [2008 (12) TMI 4 - HIGH COURT DELHI] followed - the assessee made a claim of deduction u/s 10A during assessment proceedings and also filed the audit report - the assessee’s case is in a better footing because in the return of income, the assessee had claimed deduction u/s 10B - deduction u/s 10A was only an alternative claim which assessee made only when the AO disputed the assessee’s eligibility to deduction u/s 10B - the assessee could not have claimed deduction u/s 10B and 10A both in the return of income - the Revenue’s objection that the assessee is not entitled to deduction u/s 10A only because it was not claimed in the return of income cannot be accepted. Claim of deduction u/s 10A of the Act – Manufacture or production not began in EHTP or STP but in DTA - Held that:- The assessee produced the certificate issued by the Government of India, Department of Electronics, Electronics Hardware Technology Park Secretariat dated 16th November, 1998 - on the assessee’s application for setting up 100% export oriented unit in EHTP scheme, the Government of India was pleased to extend all facilities and privileges admissible under the EHTP scheme for conversion of assessee’s DTA unit into EHTP unit - assessee has claimed to have filed the above letter before the AO – the letter has not been considered by the AO - the matter needs re-examination in the light of the letter issued by the Government of India wherein the assessee was permitted to convert its DTA unit into EHTP unit – thus, the matter is remitted back to the AO for re-examination of the assessee’s eligibility for deduction u/s 10A in the light of letter of the Government of India. Non-receipt of sale proceeds in convertible foreign exchange – Held that:- Assessee contended that all the sale proceeds were received in convertible foreign exchange and assessee had duly furnished the evidence - The auditor’s certificate was also furnished certifying the details - as the matter is remitted back to the AO for examination of assessee’s claim u/s 10A afresh in the light of letter of Electronics Hardware Technology Park Secretariat - the AO is directed to examine this aspect also – Decided in favour of Revenue.
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