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The Tax Publishers2020 TaxPub(DT) 0375 (SC) Income Tax Act, 1961
Section 261 Section 80HHC(4A)
Where the assessee preferred SLP to appeal against the judgment of Madras High Court in M/s. Parwaz Food Packer (PFP) v. Dy. CIT [T.C.A. Nos. 1331 to 1335 of 2005, dt. 22-2-2019] : 2019 TaxPub(DT) 2611 (Mad-HC), whereby the High Court held that conditions prescribed under section 80HHC(1A) read with section 80HHC(4A) are mandatory and cannot be held to be directory in nature and assessee could not claim benefit under said provisions as supporting manufacturer, in the absence of relevant Certificate from export house and Report of Chartered Accountant, as stipulated therein, the Supreme Court dismissed the SLP.
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Appeal (Supreme Court) - Special leave petition - Deduction under section 80HHC - Allowability to supporting manufacturer--Assessee not complied with mandatory conditions prescribed under sub-section (4A) of section 80HHC
Assessee preferred SLP to appeal against the judgment of Madras High Court in M/s. Parwaz Food Packer (PFP) v. Dy. CIT [T.C.A. Nos. 1331 to 1335 of 2005, dt. 22-2-2019] : 2019 TaxPub(DT) 2611 (Mad-HC), whereby the High Court held that conditions prescribed under section 80HHC(1A) read with section 80HHC(4A) are mandatory and cannot be held to be directory in nature and assessee could not claim benefit under said provisions as supporting manufacturer, in the absence of relevant Certificate from export house and Report of Chartered Accountant, as stipulated therein. Held: The Supreme Court dismissed the SLP.
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