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Issues:
1. Quantum of deduction under section 80-O. Analysis: The third issue in this case pertains to the quantum of deduction under section 80-O. The contention was whether the deduction should be based on the income brought into India in convertible foreign exchange or whether expenses incurred in India should also be considered in calculating the deduction. The appellant argued that the deduction under section 80-O should be based solely on income received in convertible foreign exchange, while the Departmental Representative argued that expenses incurred in India should also be taken into account. The appellant relied on previous tribunal decisions and the purpose of section 80-O to support their argument. The Departmental Representative cited various court decisions and the provisions of section 80AB to counter the appellant's argument. The Tribunal carefully considered the rival submissions and previous decisions. It noted that the Supreme Court had upheld the applicability of section 80AB, which requires the deduction to be based on the income computed according to the provisions of the Act. The Tribunal also highlighted that the intention of the Legislature was not to allow relief based on gross income but on the income derived after considering expenses directly related to earning that income. The Tribunal referred to relevant court decisions and provisions of section 80-O and 80AB to support its conclusion. It emphasized that the quantum of deduction should be restricted by the provisions of section 80AB, which ensure that the deduction is based on the income derived and included in the gross total income. The Tribunal held that the appellant would be entitled to deduction after deducting corporate expenses, in compliance with the provisions of section 80AB. In conclusion, the Tribunal resolved the issue by affirming that the deduction under section 80-O should be based on the income computed according to the provisions of the Act, taking into account expenses directly related to earning that income. The Tribunal emphasized the importance of maintaining consistency in conclusions and following the principle of stare decisis. The decision highlighted the significance of adhering to the provisions of section 80AB in calculating deductions under section 80-O.
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