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2016 (11) TMI 719 - HC - Income TaxQuantum of deduction available - exclusion of foreign exchange receipts taken into account for the purpose of deduction under section 80HHD of the Income-tax Act, 1961 from the total turnover for the purpose of calculation of deduction under section 80HHC - Held that:- It was not the intention of the Legislature that the benefit under section 80HHC is to be regulated by the turnover of the hotel business to which section 80HHD is applicable. Sections 80HHC and 80HHD are two different channels. They provide for benefit of two different characters. The benefit receivable under section 80HHC is not regulated by the benefit received or receivable by the assessee under section 80HHD. Similarly, the benefit received or receivable under section 80HHD by the assessee is not regulated by the benefit received or receivable under section 80HHC. Income-tax Appellate Tribunal did not erred in upholding the views of the Commissioner of Income-tax (Appeals) who had directed the Assessing Officer to exclude foreign exchange receipts taken into account for the purpose of deduction under section 80HHD of the Income-tax Act, 1961 from the total turnover for the purpose of calculation of deduction under section 80HHC - Decided against revenue
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