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2014 (10) TMI 149 - HC - Income TaxSales tax set off u/s 43B disallowed – Exclusion of distribution cost from computation of deduction u/s 80HHC – Held that:- Following the decision in Commissioner of Income Tax-I, Mumbai Versus M/s. Hindustan Lever Ltd. [2014 (4) TMI 1012 - BOMBAY HIGH COURT] – the question with respect to sales tax set off involves is not a substantial question of law – The Tribunal has considered the grievance of the assessee that the AO excluded from the total turnover excise duty and recovery of distribution costs credited to the distribution expenses while computing its eligible deduction u/s 80HHC of the Act – Decided against revenue. Adjustment of brought forward losses and unabsorbed depreciation in respect of the same unit u/s 80HHC – Held that:- As decided in assessee’s own case [Income Tax Appeal No.1440 of 2011] - the court confirmed the order in relation to the deduction under section 80HH – Decided against revenue.
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