Dismissing the appeal, that the Tribunal was right in holding that the royalty income received for providing know-how, secret formula manufacturing process and methods in respect of goods manufactured by the subsidiary and exported by the assessee was not eligible for deduction under section 80HHC and directing the Assessing Officer to exclude the royalty income for the purpose of calculation of deduction under section 80HHC. No material was produced by the assessee to prove that the royalty income received by the assessee from the subsidiary company was related to export business. (AY. 2004-05)
Fenner (India) Limited v. ACIT (2022) 446 ITR 241 (Mad.)(HC)
S. 80HHC : Export business-Turnover-Burden is on assessee to prove that royalty received from subsidiary company related to Export business-Royalty not to be included in turnover for computation deduction. [S. 80HHC(4)]