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Issues Involved:
Rectification of mistakes in the order of the Tribunal regarding deduction under section 80HHC for enhanced profit due to addition made on account of closing stock. Analysis: The assessee sought rectification of mistakes in the Tribunal's order related to the assessment year 1995-96. The dispute arose from the purchase of toothpaste worth Rs. 3,72,000, which was not included in the closing stock as the goods were deemed unsuitable. Consequently, the profit declared by the assessee was lower by the same amount, affecting the deduction claimed under section 80HHC. The Tribunal initially rejected the contention that the closing stock should be excluded but accepted the alternative plea regarding the enhanced value of the closing stock. However, it disallowed the higher claim of deduction under section 80HHC, stating that the goods were not exported, thereby impacting the eligibility for the deduction. Upon hearing both sides and reviewing the records, it was noted that the Tribunal overlooked a crucial aspect. Although the goods in question were not exported and remained in the closing stock, the addition made on account of the closing stock increased the net profit eligible for deduction under section 80HHC. This oversight led to a mistake in the Tribunal's order. Consequently, the Tribunal rectified the error by revising the relevant paragraph in the order. The revised paragraph clarified that any disallowance or addition to the business income would impact the profit and gains of the business, affecting the computation of deduction under section 80HHC based on the assessed income. The Assessing Officer was directed to allow the deduction to the assessee based on the final assessed profits and gains of the business after considering the additions made during the assessment. In conclusion, the Miscellaneous Application of the assessee was allowed, and the rectification of the mistake in the Tribunal's order regarding the deduction under section 80HHC for the enhanced profit due to the addition made on account of the closing stock was granted.
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