2014 (2) TMI 119

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..... 42 ITR 49 (SC) this civil appeal deserves to be allowed and the matter needs to be sent back to the Assessing Officer. On the other hand, the submission of the learned counsel for the appellant is contested by Mr. R. P. Bhatt, learned senior counsel for the Revenue. Having regard to the controversy involved in the matter, we are satisfied that this matter is squarely covered by the decision of t .....

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..... over exceeding Rs. 10 crores. In other words, where the export turnover of an assessee exceeds Rs. 10 crores, he does not get the benefit of addition of ninety per cent. of export incentive under clause (iiid) of section 28 to his export profits, but he gets a higher figure of profits of the business, which ultimately results in computation of a bigger export profit. The High Court, therefore, was .....

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..... words used in clauses (iiid) and (iiie) of section 28, the assessee was entitled to a deduction under section 80HHC on export profits, the benefit of such deduction cannot be denied to the assessee. The impugned judgment and orders of the Bombay High Court are accordingly set aside. The appeals are allowed to the extent indicated in this judgment. The Assessing Officer is directed to compute the .....

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