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2022 (5) TMI 1004 - AT - Income TaxDeduction under section 80HHC - Whether provision written back is eligible for deduction under section 80HHC? - HELD THAT:- We note that in the case of Class India Ltd. vs ACIT, [2008 (2) TMI 451 - ITAT DELHI-A] held that provision written back should not be excluded from profits, therefore these are eligible for deduction under section 80HHC. Respectfully following the binding judgment of Hon'ble Jurisdictional High Court of Gujarat in the case of Mistu Ltd.[2010 (6) TMI 668 - GUJARAT HIGH COURT] we direct the Assessing Officer to treat these ‘provisions written back’ as a part of manufacturing profit eligible for deduction under section 80HHC of the Act. Therefore, second issue mentioned in the miscellaneous application is allowed in favour of assessee.
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