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2004 (7) TMI 15 - HC - Income TaxNotice under section 148 seeking to withdraw the deduction granted to the petitioners under section 80HHC - business of handicrafts items and marble goods in the city of Agra - petitioners claim benefit of special deduction under section 80HHC in respect of the turnover and profit of counter sales made against convertible foreign exchange to the foreign tourists - action under section 148 of the Act has been initiated solely on the ground that the counter sales effected against convertible foreign exchange even though it has been exported out of India and has been subjected to customs clearance, the deduction is not to be allowed. In this view of the matter, there is no necessity for relegating the petitioner to file a fresh return and submit reply before the Assessing Officer – hence, writ petitions succeed and are allowed. The notices issued under section 148 and consequential proceedings are set aside
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