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2005 (10) TMI 44 - MADRAS HIGH COURTDeduction u/s 80HHD - assessee filed the auditor's report at a belated stage - "(i) Whether Tribunal was right in holding that the deduction under section 80HHD is allowable where the assessee had failed to file the relevant audit report along its return? (ii) Whether Tribunal was right in holding that the condition stipulated in section 80HHD regarding the filing of the audit report along with the return is not a mandatory condition for the purpose of claiming deduction under section 80HHD?" The issue involved in this appeal is, whether the audit report can be filed at a belated stage but before completion of assessment and whether it is mandatory to file the audit report along with the return. - it is not in dispute that the assessee filed the auditor's report at a belated stage but before the completion of assessment. As held by the Tribunal, the main purpose behind incorporating section 80HHC is to encourage exports outside India to earn foreign exchange for the country and for that purpose the incentive is given to the exporters from income-tax. Hence, we hold that the Tribunal was right in holding that the filing of audit report along with the return is not a mandatory condition for the purpose of claiming deduction under section 80HHD
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