| COURT: | Supreme Court |
| CORAM: | Abhay Manohar Sapre J, R. K. Agrawal J |
| SECTION(S): | 80HHC |
| GENRE: | Domestic Tax |
| CATCH WORDS: | 80HHC export incentives, supporting manufacturer |
| COUNSEL: | - |
| DATE: | April 27, 2018 (Date of pronouncement) |
| DATE: | April 30, 2018 (Date of publication) |
| AY: | 2001-02 |
| FILE: | Click here to view full post with file download link |
| CITATION: | |
| S. 80HHC: Law laid down in Baby Marine Exports 290 ITR 323 & Sushil Kumar Gupta 210 TM 251 (SC) is not correct. Question whether supporting manufacturer who receives export incentives in the form of duty draw back (DDB), Duty Entitlement Pass Book (DEPB) etc. is entitled for deduction u/s 80HHC is referred to the larger Bench | |
we are not in the agreement with the decisions in Baby Marine Exports 290 ITR 323 & Sushil Kumar Gupta 210 TM 251 (SC) and as Explanation (baa) of Section 80HHC specifically reduces deduction of 90% of the amount referable to Section 28 (iiia) to (iiie) of the IT Act, hence, we are of the view that these decisions require re-consideration by a larger Bench since this issue has larger implication in terms of monetary benefits for both the parties
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