Section 80HHC deduction not available on Sales Tax

Refund of Sales Tax obtained by the Assessee has no direct bearing or attribute of the export component of the business carried on by the Assessee and hence the Assessee cannot seek to retain the same by deriving the benefit spelt out in Section 80HHC.

Full Text of the High Court Judgment / Order is as follows:-

This Tax Case Appeal is directed against the order passed by the Income Tax Appellate Tribunal Bench ‘A’, Chennai, in I.T.A.No. 2755/Mds/2005, dated 15.09.2006.

2. The following substantial question of law has been raised by the Appellant-Assessee for consideration:

“ Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal was right in holding that the Explanation (baa) to Section 80HHC of the Income-tax Act, 1961 would apply to the Sales Tax Subsidy received by the Appellant?”

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