Second proviso to section 10B(1) cannot be construed to be a qualifying condition for claiming deduction

The second proviso to section 10B(1) cannot be construed to be a qualifying condition for claiming deduction. It just permits additional benefit which may be allowed provided domestic profit is within the limit prescribed in the proviso. On the panoply of this proviso deduction cannot be denied. The assessee would be entitled to partial deduction proportionately on export turnover in view of the provisions of sub-section(4) of section 10B of the Income-tax Act, 1961. IN THE INCOME TAX APPELLATE TRIBUNAL, CHENNAI I.TA. No. 12(Mds)/2006 Assessment Year: 2001-02 M/s. Tube Investments of India ...