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2015 (10) TMI 795 - AT - Income TaxEligibility of deduction u/s.10A - Held that:- From perusal of the orders of the authorities below, we find that it is not the delay in filing of the return alone which has made the assessee ineligible to claim deduction u/s.10A. The assessee has not been able to comply with other conditions as laid down in the section to be eligible to claim deduction. The assessee was not able to furnish a copy of special audit report in the prescribed form; No evidence was brought to show that the export proceeds were received in India in convertible foreign exchange within the specified time, no evidence was brought on record to show that assessee was rendering services from STPI unit. Although the assessee has submitted before the CIT(Appeals) that Form No.56F was filed along with the manual return of income, however, the CIT(Appeals) has cast serious aspersions on the veracity of Audit Report filed along the alleged manual return. There are conditions in the date of receiving payments and date of signing of the report. Since the assessee has failed to comply with the provisions of section, we are of the considered opinion that the assessee is not eligible for claiming deduction u/s.10A of the Act. Accordingly, this appeal of the assessee is dismissed.
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