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2009 (6) TMI 575 - HC - Income TaxExport- Special Deduction- The assessee firm engaged in the business of manufacture and sale of processed ore, filed a return and claimed deduction under section 80HHC of the Income Tax Act, 1961. The Assessing Officer allowed the claim treating the truck lease income, machinery lease income and service charges as eligible for special deduction. The Commissioner acting under section 263 treated these income as non-business receipt. The Tribunal allowed the appeal upon the decision of Alfa Laval India Ltd. v. Deputy. Held that- the nature of expenditure in dispute and their co-relation with the export business had not been gone into, thus the order passed by the Tribunal is not valid. Matter remanded back.
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