TMI Blog2010 (7) TMI 122X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under Section 80 HHC of the Act does not arise at all. It goes without saying that deduction computed under Section 80 HHC of the Act has to be without any other deduction and, therefore, the effect of computation as per the order passed by the Tribunal, (without commenting upon as to whether the legal issue decided by the High Court was right or wrong) is correct and deduction has to be allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t." 2. The aforesaid question of law arose for consideration in the light of the following factual facts:- The respondent (the assessee herein) had claimed deduction under Section 80 IB as well as under Section 80 HHC of the Income Tax Act (hereinafter referred to as „the Act‟). The deduction under Section 80 IB of the Act was in respect of duty drawback claimed by the assessee in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dered the aforesaid question redundant. Whether the assessee was entitled to deduction under Section 80 IB of the Act at all or not in respect of the said duty drawback was also bone of contention. Though, the assessee had succeeded till the stage of High Court holding in his favour namely the assessee was entitled to deduction under Section 80 IB of the Act in respect of duty drawback, the Suprem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he aforesaid judgment is that no deduction is allowed to the assessee under Section 80 IB of the Act. In that view of the matter, the question of deduction of the amount allowed under Section 80 IB of the Act for the propose of computing deduction under Section 80 HHC of the Act does not arise at all. It goes without saying that deduction computed under Section 80 HHC of the Act has to be without ..... X X X X Extracts X X X X X X X X Extracts X X X X
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