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2019 (3) TMI 474

..... dated 22.12.2004, along with copy of revised CA certificate in Form No.10CCAC dated 23.02.2005. There is also evidence on record that the Export House, M/s.Abad Exports Private Limited had not claimed deduction u/s 80HHC with regard to export of goods manufactured by the assessee. - Therefore, the assessee undoubtedly, is entitled to deduction u/s 80HHC of the I.T.Act with regard to goods sold to the Export House, M/s.Abad Exports Private Limited. As noticed that deduction u/s 80HHC claimed by the assessee on account of sale to Export House, M/s.Abad Exports Private Limited which is in excess of the profits earned by the Export House. Therefore, for the limited purpose of quantification of deduction u/s 80HHC of the I.T.Act, the issue .....

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..... . Aggrieved, the Department filed an appeal u/s 260A of the I.T.Act to the Hon ble High Court of Kerala. The Hon ble High Court by judgment dated 07.08.2018 directed the Tribunal to consider the following issues, namely - (i) Deduction u/s 80HHC of the I.T.Act (ii) Claim u/s 10A of the I.T.Act Deduction u/s 80HHC of the I.T.Act 2. The claim of deduction u/s 80HHC was disallowed by the Assessing Officer, but the same was allowed by the first appellate authority. The first appellate authority allowed the claim of the assessee by finding that the decision of the Hon ble Supreme Court in the case of IPCA Laboratories Ltd. v. DCIT [(2004) 266 ITR 521 (SC)] was not applicable to the assessee. The Income Tax Appellate Tribunal found that both the .....

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..... d 22.12.2004, along with the copy of revised CA certificate in Form 10CCAC dated 23.02.2005. (c) A copy of letter issued to AO, along with relevant attachments to the effect that the Export House has not availed deduction u/s 80HHC of the Act in respect of Export sales made under on Account arrangements. 3. We have heard the rival submissions and perused the material on record. On perusal of the audited profits and loss account of the Export house, namely, M/s.Abad Exports Private Limited, it is clear that the Export House had earned profits before tax of ₹ 1,26,22,112. The claim of assessee s deduction u/s 80HHC of the I.T.Act is confined only to sale to Export House, M/s.Abad Exports Private Limited. This is evident from para 11 pag .....

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..... al as has been provided in (1998) 229 ITR 383 (SC) [NTPC v. CIT]. However if the claim is with respect to individual Quick freezing (IQF), the same cannot be termed to be a manufacture or production as declared in 2012 (2) KLT SN 86 (C.No.79) [CIT v. Choice Trading Corporation Ltd.]. It has to be noticed that for the subject year, after the amendment to Section 10A, mere processing does not entitle a claim under Section 10A But by the proviso added on amendment by substitution, the undertakings which were entitled under the earlier provision would be so entitled even under the new provision for the unexpired period of entitlement as per the earlier provision. Hence in considering such claim necessarily it would have to be examined whether t .....

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..... ent year 1994-1995 to 2001-2002 are as follows:- Assessment Years Treatment by AO From A.Y.1994-95 to AY 1998-1999, as per sec. 10A, stood before the amendment w.e.f. 01.04.1999. Claimed and allowed for initial 5 years. A.Y. 1999-2000 No claim in view of loss as per return and treated as claimed and allowed. A.Y. 2000-2001 No claim in view of loss as per return and treated as claimed and allowed. A.Y. 2001-2002 AO / CIT(A) denied the claim. ITAT allowed. 5.1 Therefore, going by the judgment of the Hon ble High Court, the assessee would be entitled to the claim of deduction u/s 10A of the I.T.Act for the unexpired period, i.e., assessment year 2002-2003 in respect of exports to Exports House other than IQF. The quantification of the amount t .....

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