(4)[ The deduction under sub-section (1) shall not be admissible unless the assessee furnishes in the prescribed form, alongwith the return of income, the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed [in accordance with the provisions of this section] [ Inserted by Act 46 of 1986, Section 11 (w.e.f. 1.4.1987).][Inserted by Act 26 of 1988, Section 24 (w.e.f. 1.4.1989).]:[Provided that in the case of an undertaking referred to in sub-section (4-C), the assessee shall also furnish alongwith the return of income, a certificate from the undertaking in the special economic zone containing such particulars as may be prescribed, duly certified by the auditor auditing the accounts of the undertaking in the special economic zone under the provisions of this Act or under any other law for the time being in force. ] [ Inserted by Act 32 of 2003, Section 37 (w.e.f. 1.4.2004).][(4-A) The deduction under sub-section (1-A) shall not be admissible unless the supporting manufacturer furnishes in the prescribed form alongwith his return of income,-(a)the report of an accountant, as defined in the Explanation below sub-section (2) of section 288, certifying that the deduction has been correctly claimed on the basis of the] [profits] [ Substituted by Act 3 of 1989, Section 15, for " income" (w.e.f. 1.4.1989).][of the supporting manufacturer in respect of his sale of goods or merchandise to the Export House or Trading House; and [Inserted by Act 26 of 1988, Section 24 (w.e.f. 1.4.1989).](b)a certificate from the Export House or Trading House containing such particulars as may be prescribed and verified in the manner prescribed that in respect of the export turnover mentioned in the certificate, the Export House or Trading House has not claimed the deduction under this section:Provided that the certificate specified in clause (b) shall be duly certified by the auditor auditing the accounts of the Export House or Trading House under the provisions of this Act or under any other law.] [Inserted by Act 26 of 1988, Section 24 (w.e.f. 1.4.1989).][(4-B) For the purposes of computing the total income under sub-section (1) or sub-section (1-A), any income not charged to tax under this Act shall be excluded.] [ Inserted by Act 27 of 1999, Section 46 (w.r.e.f. 1.4.1992).][(4-C) The provisions of this section shall apply to an assessee,-(a)for an assessment year beginning after the 31st day of March, 2004 and ending before the 1st day of April, 2005;(b)who owns any undertaking which manufactures or produces goods or merchandise anywhere in India (outside any special economic zone) and sells the same to any undertaking situated in a special economic zone which is eligible for deduction under section 10-A and such sale shall be deemed to be export out of India for the purposes of this section.][Explanation. - For the purposes of this section,-(a)"convertible foreign exchange" means foreign exchange which is for the time being treated by the Reserve Bank of India as convertible foreign exchange for the purposes of the Foreign Exchange Regulation Act, 1973 (46 of 1973), and any rules made thereunder;](aa)[ "export out of India" shall not include any transaction by way of sale or otherwise, in a shop, emporium or any other establishment situate in India, not involving clearance at any customs station as defined in the Customs Act, 1962 (52 of 1962); ] [ Inserted by Act 49 of 1991, Section 28 (w.r.e.f. 1.4.1986).](b)[ "export turnover" means the sale proceeds, ] [Substituted by Act 32 of 1985, Section 19, for Section 80-HHC (w.e.f. 1.4.1986).][received in, or brought into, India] [ Substituted by Act 12 of 1990, Section 22, for " receivable" (w.e.f. 1.4.1991).][by the assessee in convertible foreign exchange ] [Substituted by Act 32 of 1985, Section 19, for Section 80-HHC (w.e.f. 1.4.1986).][in accordance with clause (a) of sub-section (2)] [ Inserted by Act 12 of 1990, Section 22 (w.e.f. 1.4.1991).] [of any goods or merchandise to which this section applies and which are exported out of India, but does not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the Customs Act, 1962 (52 of 1962);] [Substituted by Act 32 of 1985, Section 19, for Section 80-HHC (w.e.f. 1.4.1986).](ba)[ "total turnover" shall not include freight or insurance attributable to the transport of the goods or merchandise beyond the customs station as defined in the Customs Act, 1962 (52 of 1962): [ Inserted by Act 49 of 1991, Section 28 (w.r.e.f. 1.4.1987).]Provided that in relation to any assessment year commencing on or after the 1st day of April, 1991, the expression "total turnover" shall have effect as if it also excluded any sum referred to in clauses (iiia), (iiib), ] [Substituted by Act 32 of 1985, Section 19, for Section 80-HHC (w.e.f. 1.4.1986).][(iiic), (iiid) and (iiie) of section 28; ] [ Substituted by Act 55 of 2005, Section 4, for " and (iiic)" (w.r.e.f. 1.4.1998).][ Inserted by Act 32 of 2003, Section 37 (w.e.f. 1.4.2004).](baa)[ "profits of the business" means the profits of the business as computed under the head "Profits and gains of business or profession" as reduced by- [Inserted by Act 49 of 1991, Section 28 (w.e.f. 1.4.1992).]
