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2018 (7) TMI 955 - BOMBAY HIGH COURTEntitled to claim deduction u/s. 80IA - claim on the total income after excluding profits (“deduction”) derived from export business of the two new industrial undertakings where 80HHC claim is allowed - Held that:- For the period prior to Assessment Year 1999-2000, the appellant would be entitled to claim deduction under Section 80IA of the Act on its entire profits without excluding the deduction available under other heads of Chapter VI A Part 'C' of the Act. Our above view is fortified by the fact that an identical fact situation, in Rochiram & Sons (2004 (7) TMI 75 - RAJASTHAN HIGH COURT) and General Optics (Asia) Ltd. (2008 (12) TMI 191 - MADRAS HIGH COURT) have held that prior to Assessment Year 1999-2000, the benefit of Section 80IA of the Act is available without exclusion of the deduction claimed under Section 80HHC of the Act. Even on being specifically asked, the Revenue was not able to inform us whether the above two decisions have been appealed to the Apex Court and the result thereof, if any. - Decided in favour of the appellant assessee Applicability of provisions of Section 80IA(9A) for assessment years 1997-98 and 1998-99 - Held that:- s held by the Supreme Court in DCIT Vs. Core Health Ltd.[2008 (2) TMI 8 - SUPREME COURT OF INDIA] that when a provision is introduced with effect from a particular date, then it would not have retrospective effect unless it is expressly stated to be so. In this case, sub-section 9A of Section 80IA of the Act was introduced w.e.f. 1st April, 1999. Thus, it cannot have retrospective effect to impact the assessment the subject Assessment Year 1997-98.- Decided in favour of the appellant assessee
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