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2009 (11) TMI 606 - AT - Income TaxDeduction u/s 80HHC - Failure to claim relief in the return despite positive income - claim was made during reassessment proceeding - assessee company which is an undertaking of the Government of Tamil Nadu is engaged in manufacture and export of granites - AO submission is that since ssessee has not made any claim in the return of income about deduction under s. 80HHC, despite having positive income - CIT(A) held that assessee would be entitled to deduction under s. 80HHC and directed the AO to ascertain the availability of profits of business eligible for deduction - High Court in the case of CIT vs. Valli Cotton Traders (P) Ltd. (2006 -TMI - 3392 - MADRAS HIGH COURT) - wherein it was held that the spirit behind sub-ss. (5) and (9) of s. 139 r/w s. 80HHC is that the assessee should be given a fair and reasonable opportunity to claim the benefit as available under the statute and any denial on technical ground is not justified - Decided in favor of the assessee by way of direction to AO
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