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2018 (8) TMI 986 - HC - Income TaxDeduction u/s 80HHC / 010A, - supporting manufacturer and the export house - Held that:- The Tribunal found that since both the supporting manufacturer and export house had profits in the relevant year, there is no question of application of IPCA Laboratory Ltd. (supra) and the assessee was entitled to the deduction. We agree with the finding on principle. But, the learned Senior Counsel, Government of India (Taxes), however, would contend that nothing is seen from the first appellate authority’s order or the Tribunal’s order as to whether the export house had profit in the said year. The learned counsel appearing for the respondent-assessee would point out that the profit and loss accounts of both the export house and the assessee were produced before the Tribunal across the bar and only on examination of the same, the claim was allowed. We agree with the learned Senior Counsel that there is nothing in the Tribunal’s order to substantiate the findings of the Tribunal, factually, evidencing the profit made by the export house. The respondent-assessee submits that they also have a valid claim under Section 10A of the Act. - It has to be noticed that for the subject year, after the amendment to Section 10A, mere processing does not entitle a claim under Section 10A. But by the proviso added on amendment by substitution, the undertakings which were entitled under the earlier provision would be so entitled even under the new provision for the unexpired period of entitlement as per the earlier provision Matter remanded back.
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