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2011 (7) TMI 169

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..... ion (1) or sub-Section (3)(a) or sub-section (3)(b) of Section 80HHC of the Act - Thus, deduction under Section 80HHC can be permitted under Section 80HHC (1) only if there is a positive profit in exports and if the net figure is negative, the assessee could not sustain its claim under Section 80HHC of the Act - Decided against of assessee. - 127 of 2005 - - - Dated:- 12-7-2011 - MRS.JU .....

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..... 80HHC of the Act, does not arise. 2. The question as to whether the assessee would be entitled to the relief under Section 80HHC of the Act, even in a case of a loss, in respect of a case was considered by the Apex Court, in the decision reported in IPCA Laboratory Ltd. Deputy Commissioner of Income Tax (2004 Volume 266 ITR 521), wherein, the Apex Court pointed out that only where there is a .....

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