Assessee is engaged in business of production and export of computer software. Assessee claimed deduction under section 10A. Assessing Officer held that Form 56F was not signed by a Chartered Accountant as mandated by provisions of Act, held report signed as Deloitte Haskins and Sells was not a valid verification of report in Form 56F and treated it as defective. Commissioner (Appeals) held said Form 56F was valid as far as it was signed by ‘Deloitte Haskins and Sells’, which was a multi-national Chartered Accountant firm. On appeal the Tribunal held that in order to certify correct claim under provisions of section 10A, an Accountant as referred in sub-section (5) to section 10A and definition of which as provided in Explanation below to sub-section (2) to section 288 is required. Since assessee could not provide any material supporting order of Commissioner (Appeals) showing that Deloitte Haskins and Sells was an ‘Accountant’ as referred in sub-section 5 of section 10A, hence the assessee is not entitled for deduction under section 10A of the Act. (AY. 2006-07)
ACIT v. Future Software (P.) Ltd. (2025) 211 ITD 148 (Chennai) (Trib)
S. 10A : Free trade zone-Form signed by Deloitte Haskins and Sells-Form 56F was not signed by an Accountant, as referred in sub-section (5) to section 10A-Defective form-Not entitle to deduction.[S. 10A(5), 10AA, 44AB, 288(2), Form 56F, Chartered Accountant Act, 1949, 2(1), 6(1)]
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