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2005 (8) TMI 36 - GUJARAT HIGH COURT"Whether Tribunal was right in law in holding that HPS groundnuts exported by the assessee did not come within the ambit of expression 'agricultural primary commodities' in section 80HHC(2)(b)(i) of the Income-tax Act, 1961, and that deduction under section 80HHC(i) of the Act was allowable?" - The view adopted by the Tribunal that "agricultural primary commodities" are groundnuts in shell and the kernels that are ultimately exported after processing of groundnuts would cease to be "agricultural primary commodities", cannot be faulted. The Tribunal was, therefore, justified in holding that HPS groundnuts exported by the assessee did not come within the ambit of the expression "agricultural primary commodities" appearing in section 80HHC(2)(b)(i) of the Act, and that, the assessee was entitled to deduction under section 80HHC of the Act. The question in each of the three references is accordingly answered in the affirmative, i.e, in favour of the assessee and against the Revenue
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