TMI Blog2004 (1) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... m the total income?" - we have no manner of doubt that while computing the profits for the purpose of availing of deduction under section 80-I, the profits and gains of the assessee's business are not required to be reduced by the deduction admissible under section 80HH. - Hence our answer to the question is in the affirmative, i.e., in favour of the assessee and against the Revenue. - - - - - Da ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of this court in Income Tax Reference No. 282 of 1985 CIT v. Sidhpur Isabgul Processing Co. Ltd. [2001] 252 ITR 777 wherein this court examined the scheme of the provisions of section 80HH and section 80J and after considering the legislative history, the object of granting deductions under the above provisions, the manner in which the deduction is to be calculated and the fact that the ben ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion (3) thereof. It does not mean that while giving effect to the deduction under section 80J, the deduction available under section 80HH is to be deducted from the profits. Accordingly, this court answered the question in that case in favour of the assessee and against the Revenue. Although the controversy in the present case is in the context of availing of deduction under section 80-1 and se ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g ... Now the underlined bracketed words are not to be found in sub-section (1) of section 80-I, which simply provides that, "where the gross total income of an assessee includes any profits and gains derived from an industrial undertaking ... to which this section applies, there shall, in accordance with, and subject to the provisions of this section, be allowed, in computing the total income o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ee under section 80HH or section 80HHA was required to be made. In view of the absence of the aforesaid bracketed words in the provisions of section 80-I, we have no manner of doubt that while computing the profits for the purpose of availing of deduction under section 80-I, the profits and gains of the assessee's business are not required to be reduced by the deduction admissible under section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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