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2014 (2) TMI 188 - HC - Income TaxDeduction u/s 80HHC of the Act - Whether the order of the assessing officer diminishing the export turnover by reducing the foreign commission and thereby reducing the claim under section 80HHC of the Income Tax Act in accordance with law – Held that:- As long as the export turnover indicated in the return of income is as per the definition of 'export turnover' under the explanation, there was no reason for the assessing officer to place reliance on the terms of contract between the assessee and the agent in order to deduct the commission amount from the export turnover – thus Commissioner of Income Tax (Appeals) and the Tribunal were justified in rejecting the method of calculation adopted by the assessing officer and allowing the exporter assessee to include commission paid to the agent in the export turnover – Decided against Revenue.
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