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2016 (9) TMI 156 - HC - Income TaxBenefit under section 10B - Whether on a true and correct interpretation of Section 80 HHC the Tribunal has erred in law in holding that the export turnover of the unit whose profits are exempt under section 10B is not to be included in the ‘export turnover’ for the purposes of calculating the deduction under section 80HHC? - Held that:- The Tribunal held that the turnover of sales made by the assessee for which deduction under section 10B had been claimed did not answer the description of the turnover eligible for deduction under section 80HHC and therefore, the Assessing Officer rightly excluded such turnover from export turnover while computing relief available to the assessee under section 80HHC of the Act. We are unable to agree. Section 80 HHC clearly defines the terms export turnover, total turnover and profits of business. None of these definitions exclude the export turnover in respect whereof benefit has been derived under section 10B. To accept the respondent’s contention would require the section to be rewritten and the expression to be redefined which is not permissible. In the circumstances, the first question of law is answered in affirmative in favour of the appellant.
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