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56F, the Auditor had stated that assessee had made an application to Standard Chartered Bank for extension of the time limit up to 18 months from the invoice date and that the approval is pending. The AO made enquiries with the concerned bank, who replied that the bank has not received any request from the assessee seeking extension for realization of export sales proceeds for financial year 2009-10. Assessee's explanation was called for to which assessee explained that the bank is authorized to take on record an extension letter only on submission of STPI Approval Invoices (Softex Forms) and that the assessee has applied for Softex forms which are yet to be received. The assessee also submitted copies of the letter submitted for Softex forms. On perusal of the same, AO observed that the assessee has not made any efforts to obtain Softex forms and therefore assessee has not fulfilled the requisite conditions and therefore the same is not allowable as deduction u/s 10A of the Act. He, accordingly, disallowed a sum of Rs.60,14,839/-.

In the case before us, it is not disputed that the assessee had filed a letter before the bank for extension of time, and it is also not disputed that the bank cannot and did not take th said letter on record because the letter was not accompanied by Softex Forms. It is also undisputed fact that the assessee has filed necessary letters with details before the STPI authorities for issuance of Softex Forms and they were pending before the ITA Nos.1364&1464/Bang/2014 M/s.Testree Solutions Pvt. Ltd.