TMI Blog1980 (3) TMI 45X X X X Extracts X X X X X X X X Extracts X X X X ..... ether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the profit derived from the sales of import entitlements would not be entitled to relief under section 80E of the Income-tax Act, 1961 ? " The assessee is a priority industry, which is entitled to a rebate under s. 80E of the I.T. Act, 1961. It manufactures forgings and Stampings, which are automobil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nal, there is no such nexus in the profit earned by sale of import entitlements, for the purpose of the relief under s. 80E the profits on sale of import entitlements had to be excluded. The Supreme Court in Cambay Electric Supply Industrial Co. Ltd. v. CIT [1978] 113 ITR 84 (SC), while interpreting the words " attributable to " occurring in s. 80E, observed as follows (p. 93): "As regards the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of electricity. In this connection, it may be pointed out that whenever the legislature wanted to give a restricted meaning in the manner suggested by the learned Solicitor-General, it has used the expression 'derived from ', as, for instance, in section 80J. In our view, since the expression of wider import, namely, 'attributable to', has been used, the legislature intended to cover receipts fro ..... X X X X Extracts X X X X X X X X Extracts X X X X
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