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2010 (12) TMI 808 - AT - Income TaxDeduction u/s 80HHC - Whether profit on transfer of the DEPB which is to be taken under consideration or whole of the DEPB receipts - AO reduced 90 per cent of export incentive - Tribunal has relied to a considerable extent on a Speech made by the then Finance Minister on the floor of Parliament in support of its conclusion that only the premium realized by an exporter on the sale of the DEPB credit would fall within the purview of cl. (iiid) of s. 28 and not the face value of the DEPB - The submission that prior to the insertion of cl. (iiid) in s. 28, the face value of the DEPB credit realized on the transfer of such credit constituted export profits, but not the amount realized in excess of the face value of the DEPB is similarly without any basis - Held that: the entirety of the sale consideration would fall within the purview of s. 28(iiid) - Appeal is dismissed
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