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2013 (10) TMI 381 - ALLAHABAD HIGH COURTComputation of deduction u/s 80HHC of the Income Tax Act – Over riding effect of section 80AB of the Income Tax Act - exclusion of income exempted u/s 10A from total turnover and export turnover for the purpose of Section 80HHC – Held that:- Section 80AB is in Chapter VI-A. It starts with the words "where any deduction is required to be made or allowed under any Section of this Chapter". This would include Section 80HHC. Section 80AB further provides that "notwithstanding anything contained in that Section". Thus Section 80AB has been given an overriding effect over all other Sections in Chapter VIA. Section 80HHC does not provide that its provisions are to prevail over Section 80AB or over any other provision of the Act. Section 80HHC would thus be governed by Section 80AB - Section 80AB makes it clear that the computation of income has to be in accordance with the provisions of the Act. While computing total income of the assessee, engaged in business in Free Trade Zone and also in export of goods or merchandise out of India, the turn over will be reduced by the turn over of the unit of the assessee, having benefit under Section 10A of the Act, and on which profits and gains derived, are not to be included in total income of the assessee - For deduction under Section 80HHC the turn over of the assessee of the industrial undertaking in Free Trade Zone of which profits and gains are exempt under Section 10A of the Act is not to be taken into consideration – Decided in favor of Revenue.
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