Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2006 (4) TMI 115

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.....— At the instance of the Revenue, the Income-tax Appellate Tribunal, Bangalore Bench, has referred the following question of law for our opinion, under section 256(1) of the Income-tax Act, 1961, (for short hereinafter referred to as "the Act"). "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that the deduction under section 80HHC is allowa....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... that the deduction is allowable under section 80HHC of the Act. 3. Thus, at the instance of the Revenue, the aforesaid question of law is referred for our opinion. 4. We have heard learned counsel appearing for the parties. The question referred for our opinion is no longer res integra. The Supreme Court in the case of IPCA Laboratory Ltd. v. Deputy CIT [2004] 266 ITR 521, has held that a plain....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....orts. Deduction can be permitted under section 80HHC(1) only if there is a positive profit in the exports of both self-manufactured goods as well as trading goods. If there is a loss in either of the two, then the loss has to be taken into account for the purposes of computing the profits. 5. In the instant case, admittedly the assessee purchased 105 computers and peripherals for Rs. 90,91,063 an....