Law:

Section:

Section 80HHB, read with section 80-O, of the Income-tax Act, 1961 - Deductions - In respect of profits and gains from projects outside India - Assessment year 1983-84 - Whether after insertion of section 80HHB with effect from 1-4-1983, in matter of receipts governed both by section 80HHB and section 80-O, former and not latter will prevail - Held, yes - Whether even in cases of contracts approved prior to 1-4-1983 section 80HHB will apply - Held, yes - Whether even in case of contract entered into after 1-4-1983 and approved under section 80-O, despite Board's approval under section 80-O, contract will not qualify for relief if Assessing Officer comes to conclusion that assessee's case falls under section 80HHB - Held, yes - Whether in a case where contract is for a single indivisible consideration for execution of a foreign project and does not spell out imparting of information or technical services and any consideration therefor, it is difficult to segregate two parts of such contract, artificially apportion consideration and then apportion relief under sections 80HHB and 80-O -Held, yes - Whether expressions 'business of the execution of a foreign project' or work forming part of it or 'profits derived 'from the business, take in all aspects of a business involving activities referred to in sub-section (2)(b ) of section 80HHB together with all activities, commitments and obligations ancillary and incidental thereto and profits flowing therefrom and definition cannot be restricted to mere physical activity or putting up superstructure - Held, yes - Whether relief under section 80HHB is dependent on approval of Board - Held, no Section 80-O of the Income-tax Act, 1961 - Deductions - In respect of royalties, etc., from certain foreign enterprises - Assessment year 1983-84 - Whether in a matter governed by both sections 80-O and 80HHB, latter section will prevail - Held, yes - Whether in case a contract for a single indivisible consideration it is possible to apportion consideration and then apportion relief under sections 80HHB and 80-O - Held, no - Whether department is competent to question maintainability of claim for deduction under section 80-O in…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492