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1 - 10 of 17 (0.22 seconds)The Income Tax Act, 1961
Section 28 in The Income Tax Act, 1961 [Entire Act]
The Customs Act, 1962
Section 69C in The Income Tax Act, 1961 [Entire Act]
Section 69A in The Income Tax Act, 1961 [Entire Act]
Section 69B in The Income Tax Act, 1961 [Entire Act]
Section 69D in The Income Tax Act, 1961 [Entire Act]
Commissioner Of Income-Tax, Delhi vs S.Teja Singh on 5 November, 1958
6.10 As there is no concept of "deemed export" in Income-tax Act, the reliance placed by the assessee on the decision of Hon'ble Supreme Court in the case of CIT v. S. Teja Singh 35 ITR 408 is not proper. It was held by Hon'ble Supreme Court that if there is a deeming fiction in the Act, the same has to be applied that to all facts on which the fiction can operate. In the present controversy there is no fiction of "deemed export" provided in the Income-tax Act, hence no such fiction can be applied while allowing relief under section 80HHC. The fiction of deemed export under Import and Export Control Act and the orders and policies issued thereunder would apply for implementing the said Act only and for the purpose for which the fiction was created and not to any other Act (to Income-tax Act in the present case) or for any other purpose other than that specified. If the facts or the purpose for which fiction is created, does not exist, there is no question of applying the same fiction to other facts and in other set of circumstances.