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2016 (9) TMI 1036 - HC - Income TaxEntitlement to claim of deduction under Section 80HHC - Mandates filing of an audit report - Held that:- Tribunal simply observes that an audit report specifies the amount of rebate allowable at ₹ 6,00,410/- on the basis of the amount received in the country in convertible foreign exchange, but the Tribunal is also silent about any audit report in reference to ₹ 1,07,33,971/- and simply observes that the said claim of ₹ 1,07,33,971/- was claimed as per computation of total income while filing the return of income and merely because the claim was made in the computation of total income, in our view such a finding is wholly perverse and not sustainable. We disapprove the manner in which the claim has been allowed by the Tribunal on the basis of computation of total income alone and in not even uttering a word about the audit report to claim deduction for an amount of ₹ 1,07,33,971/-. Merely because claim is allowable as per computation of income, is no reason to allow when sub-clause (4) of Section 80HHC mandates filing of an audit report in support for claiming deduction. Accordingly, the Tribunal erred in allowing deduction under Section 80HHC - Decided against assessee
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