TMI Blog2010 (10) TMI 855X X X X Extracts X X X X X X X X Extracts X X X X ..... ) or (iiic) of Section 28, was not enough to attract Section 80 HHC of the Act. Section 80 HHC of the Act was not attracted to every business income but only to income derived from export, as specified in the said Section. The amount received by the assessee was not shown to be covered by Section 80 HHC of the Act as the same was not from export as required therein. assessee has not been able to s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he revenue under Section 260-A of the Income Tax Act, 1961 (for short, "the Act") against the order dated 21.9.2004 of the Income Tax Appellate Tribunal, New Delhi in I.T.A. No.3319/D/01 for the assessment year 1997-98 proposing to raise following substantial question of law:- "Whether on the facts and in the circumstances of the case, ld. ITAT was justified in holding that deduction u/s 80 HH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e against the said order of CIT(A) was dismissed with the following observations:- "5. The compensation received by the assessee does not fall within any of the category as mentioned in sec.80 HHC(4B) explanation (baa)(1). It is not a payment of any sum referred to in sec.28 ((iiia), (iiib), (iiic) of the Act. It is also not in the nature of brokerage, commission, interest, rent, charges or an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... essee was outside Section 28 (iiia), (iiib), (iiic) of the Act, was not borne out by either Section 80 HHC itself or any other principle. Any exemption has to specifically fall within four corners of the provision and burden of showing that it so falls, is on the assessee. 5. Learned counsel for the assessee has not been able to show how the compensation received by it will fall under Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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