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Income Tax Appellate Tribunal, “D” BENCH, CHENNAI
Before: SHRI N.R.S. GANESAN & SHRI CHANDRA POOJARI
आदेश /O R D E R
PER N.R.S. GANESAN, JUDICIAL MEMBER:
This appeal of the assessee is directed against the order of the Commissioner of Income Tax (Appeals)-1, Chennai, dated 24.03.2015 and pertains to assessment year 2011-12. The only issue arises for consideration is with regard to disallowance of deduction claimed under Section 10A/10B of the Income-tax Act, 1961 (in short 'the Act').
Sh. Saroj Kumar Parida, the Ld.counsel for the assessee, submitted that the Assessing Officer disallowed the claim of the assessee on the ground that deduction under Section 10A of the Act was not claimed before the Assessing Officer in the return of income. According to the Ld. counsel, the assessee in fact claimed deduction under Section 10B of the Act. During the course of assessment proceedings, the assessee made claim of deduction under Section 10A of the Act. However, the CIT(Appeals) directed the Assessing Officer to consider the relatable claim of deduction under Section 10A of the Act. The CIT(Appeals) restricted the claim under Section 10A of the Act by restricting export turnover to `1,85,06,675/- as against `3,01,38,638/-. According to the Ld. counsel, when the matter was pending before the CIT(Appeals), the assessee made application for condonation of delay in realization of export turnover. Now the delay in realization is condoned by an order dated 04.06.2015. This order dated 04.06.2015 was not available before the CIT(Appeals) when the appeal was disposed of by the CIT(Appeals) by an order dated 24.03.2015. Therefore, the Ld.counsel submitted that the matter may be remitted back to the file of the Assessing Officer.
On the contrary, Sh. P. Radhakrishnan, the Ld. Departmental Representative, submitted that since the delay in realization of export turnover was condoned by order dated 4th June, 2015 after the order of the CIT(Appeals), the matter may be remitted back to the file of the Assessing Officer for reconsideration.
We have considered the rival submissions on either side and perused the relevant material on record. The CIT(Appeals) directed the Assessing Officer to consider the relatable claim of deduction under Section 10A of the Act by following the judgment of Madras High Court in Heartland KG Information Ltd. (TCA No.625 of 2009 dated 19.8.2013). However, he restricted the export turnover to `1,85,06,675/- as against the claim of `3,01,38,638/-.
Now the assessee has produced a copy of the order from Union Bank of India condoning the delay in receipt of export proceeds to the extent of `1,04,71,501/-. Therefore, this Tribunal is of the considered opinion that the matter needs to be reconsidered by the Assessing Officer by examining the communication dated 04.06.2015 from Union Bank of India. Accordingly, the orders of the lower authorities are set aside and the issue of deduction under Section 10A of the Act is remitted back to the file of the Assessing Officer. The Assessing Officer shall examine the communication received by the assessee from Union Bank of India dated 04.06.2015 and thereafter decide the matter in accordance with law after giving reasonable opportunity to the assessee.
In the result, the appeal of the assessee is allowed for statistical purposes.
Order pronounced on 20th November, 2015 at Chennai.