TaxTMI 
TaxTMI 
2005 (5) TMI 37
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....uction under section 80HHC and section 80-I of the Income-tax Act, 1961 ("the Act"). The Assessing Officer passed an order on March 31, 1999, in which he held that a deduction is required to be first made under section 80HHC of the Act and thereafter from the residual gross total income a deduction can be made under section 80-I of the Act. Feeling aggrieved, the assessee filed an appeal before ....
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....tion 80-I on the gross total income without excluding/reducing deduction allowed under section 80HH?" Obviously, the question as framed above has reference to section 80HHC and section 80-I of the Income-tax Act, although it is not specifically stated. Accordingly, we reframe the substantial question of law as follows (sic): Section 80HH(9) of the Act reads as follows: ... "(9) In a case where ....
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....law raised in the present case. The Madhya Pradesh High Court analysed the provisions of section 80HH(9) of the Act which was sought to be relied upon by the Revenue in that case. After considering the requirement of section 80HH(9) of the Act, it was held that the legal position is quite clear that in so far as the benefit of section 80-I is concerned, it has to be granted on the gross total inco....
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....0J. It was held that there is nothing in the language of the section or in its context to take any other view. It was also held that the object of section 80HH(9) is not to reduce the limit of eligible deduction under section 80-I or 80J in any manner whatsoever. We do not find any reason to disagree with either of the decisions mentioned above. A plain reading of section 80HH(9) makes it clear t....