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2010 (9) TMI 381 - HC - Income TaxSection 260A of the Income Tax Act, 1961 - Whether on the facts and in the circumstances of the case, the Hon'ble I.T.A.T. was justified in law in allowing assessee's claim of deduction under Section 80 HHC of the I.T. Act, 1961 - CIT V. Lakshmi Machine Works (2007 -TMI - 6557 - SUPREME Court) - as can be seen from the Income Tax Rules and from the above Form No.10CCAC in the case of deduction under Section 80HHC a report of the auditor certifying deduction based on export turnover was sufficient - The question of law is thus decided against the department, and in favour of the assessee The excise duty is not to be included in the total turnover for the purpose of computation of deduction u/s 80HHC of the I.T. Act, 1961
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