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Section 80HHC Granted as Exporters Below ₹10 Crore Must Be Treated Same as Large Exporters
Case Law Details
- Case Name
- Jayshri Exports (India) Vs DCIT (ITAT Rajkot)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2004-05
- Courts
- All ITAT, ITAT Rajkot
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Jayshri Exports (India) Vs DCIT (ITAT Rajkot)
80HHC Relief Restored- No Discrimination Between Exporters Above & Below ₹10 Cr: ITAT Applies Supreme Court’s Avani Exports Ratio
Rajkot Tribunal dealt with the restriction of deduction u/s 80HHC. Assessee, a 100% exporter with turnover of ₹5.25 crore, filed return claiming deduction of ₹25,90,947/- u/s 80HHC. AO, applying the retrospective amendment brought by the Taxation Laws (Amendment) Act, 2005, excluded 90% of export incentives, computed a business loss of ₹79,10,629 & allowed only ₹2,17,759/-. CIT(A) uph...
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