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1 - 6 of 6 (0.26 seconds)Section 80HHC in The Income Tax Act, 1961 [Entire Act]
Section 139 in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income Tax vs M/S. Pruthvi Brokers & Shareholders on 21 June, 2012
As
such the assessee cannot be granted deduction u/s. 10B of the Act. In other words,
so long as the assessee has not made available the audit report and other
documents pointed out by the CIT(A) in terms of section 10B of the Act before
framing of the assessment, the claim of deduction u/s. 10B cannot be granted.
Further, the assessee cannot claim the exemption u/s. 10B without withdrawing the
claim which was already granted u/s. 80HHC of the Act. The judgment of the
Bombay High Court relied on by the assessee in the case of CIT vs. Pruthvi Brokers
and Shareholders Pvt. Ltd. (349 ITR 336) was delivered on different set of facts and
cannot be applied to the facts of the present case. Being so, we do not find any
infirmity in the order of the CIT(A) in rejecting the claim of deduction u/s. 10B of
the Act and the same is confirmed. This ground of appeal of the assessee is
dismissed.
Section 244A in The Income Tax Act, 1961 [Entire Act]
The Income Tax Act, 1961
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