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Case Law Details

Case Name : ACIT Vs. Flex Foods Ltd. (ITAT Delhi)
Related Assessment Year : 2003- 04 & 2004- 05
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If the dichotomy between eligibility of profit and deductibility of profit is not kept in mind then section 115JB will cease to be a self-contained code. In Section 115JB, as in section 115JA, it has been clearly stated that relief will be computed u/s 80HHC (3)/(3A), subject to the conditions under sub-sections (4) and (4A) of that Section. The conditions are only that the relief should be certified by the Chartered Accountant. Such condition is not a qualifying condition, but, it is a compliance condition. Therefore, one cannot rely upon the last sentence in clause (iv) of Explanation to sec...
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