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2012 (2) TMI 348 - DELHI HIGH COURTDeemed export - whether sale of goods in India to UNICEF, which is a UNO, can be construed as export out of India - deduction u/s 80HHC – assessee contended it to be “deemed export” in view of its expression in Import and Export policy of the Government of India - export was made to UNICEF, therefore, no need for the goods to cross the boundary of India to constitute export out of India - Held that:- Term “export out of India” has not been defined in the Act. However, simple meaning of it would entail the transfer of goods out of the territory of India. Further, concept of “deemed export” prevalent in another legislation or policy cannot be imported into the Income-tax Act, 1961 unless the said Act specifically says so. Section 80HHC stipulates twin conditions of goods to be exported out of India, and sale proceeds to be received in convertible foreign exchange. Satisfaction of one condition in the absence of other condition being satisfied would not entitle the assessee to claim the deduction u/s 80-HHC. Section 80-HHC speaks only of export out of India, irrespective of who the purchaser or consignee is, be it a private party or an organization such as UNICEF. Therefore, deduction u/s 80HHC not allowed – Decided in favor of revenue.
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