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2005 (1) TMI 76 - HC - Income TaxDeduction u/s 80HHC - whether while computing the deduction under section 80HHC the assessee is entitled to take into consideration the (i) interest said to have been paid by them on export packing credit limit, (ii) interest said to have been paid on term loan obtained for setting up of project, and lastly-depreciation calculated on computer installed - whether the amount spent by the assessee in the aforementioned three heads can be said to be direct cost or indirect cost as defined in the Explanation to section 80HHC of the Act, dealing with the manufactured item exported by the assessee so as to entitle them to claim deduction under section 80HHC - This court cannot for the first time and without there being a factual finding recorded by the Tribunal in the light of the two Explanations examine the case in its appellate jurisdiction. It is for the Tribunal to first examine the facts of the case and give a finding whether a particular amount can be said to be a direct costs or indirect costs or neither of them – appeal allowed by way of remand
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