The Tax Publishers2019 TaxPub(DT) 6917 (SC)

INCOME TAX ACT, 1961

Section 80HHC

Revenue, on instructions, in terms of Circular, dated 22-8-2019 bearing No. F. No. 390/Misc./116/2017-JC issued by Department of Revenue, Ministry of Finance, sought permission to withdraw this appeal along with pending applications therein due to low tax effect. Appeal and pending applications were dismissed as withdrawn, leaving question of law open.

Deduction under section 80HHC - Permission to withdraw appeal - Allowability -

Assessee was engaged in business of export out of India and claimed deduction under section 80HHC. AO denied the deduction claimed, however, High Court allowed the deduction to assessee. Held: Revenue, on instructions, in terms of Circular, dated 22-8-2019 bearing No. F. No. 390/Misc./116/2017-JC issued by Department of Revenue, Ministry of Finance, sought permission to withdraw this appeal along with pending applications therein due to low tax effect. Appeal and pending applications were dismissed as withdrawn, leaving question of law open.

REFERRED : CIT v. Dharam Industries [ITA 1134/2007, dt. 28-11-2007]

FAVOUR : In assessee's favour

A.Y. :



IN THE SUPREME COURT OF INDIA

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