TMI Blog2008 (2) TMI 385X X X X Extracts X X X X X X X X Extracts X X X X ..... rofits should be ignored when aggregating the total turnover including other exports in view of the specific definition adduced in section 80HHC r.w.s. 80AB for the purpose of computing deduction u/s 80HHC - 23 of 2003 - - - Dated:- 21-2-2008 - DEEPAK VERMA and ANAND BYRAREDDY JJ. M. V. Seshachala for the appellant. S. Parthasarathi and Raviraj for the respondent. JUDGMENT The ju ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 80HHC of the Act ?" 3. The question that has been formulated in the said appeal stands answered by two judgments of the Supreme Court in the case of IPCA Laboratory Ltd. v. Deputy CIT reported in [2004] 266 ITR 521 and in the case of A. M. Moosa v. CIT reported in [2007] 294 ITR 1 (SC). 4. The Supreme Court in the case of A. M. Moosa [2007] 294 ITR 1 (SC), while considering the me ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t loss has to be taken into account for the purposes of computing the profits. Section 80AB has been given an overriding effect over all other sections in Chapter VI-A. Section 80HHC does not provide that its provisions are to prevail over section 80AB or over any other provision of the Act. Section 80HHC would thus be governed by section 80AB. Undoubtedly section 80HHC has been incorporated w ..... X X X X Extracts X X X X X X X X Extracts X X X X
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