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september 2008

Supreme Court of India · 2008-09-03

M/S Mysodet (P) Ltd vs Commr.Of Income Tax,Bangalore

Citation / case number
AIRONLINE 2008 SC 403
Court
Supreme Court of India
Petitioner
M/S Mysodet (P) Ltd
Respondent
Commr.Of Income Tax,Bangalore
Bench
B. Sudershan Reddy, S.H. Kapadia

Judgment text excerpt

The Karnataka High Court held that under Section 80HHC of the Income Tax Act, a deduction for export profits is contingent upon the assessee having derived profits from the export business. The Court referenced the Supreme Court's ruling in IPCA Laboratory Ltd. v. Deputy Commissioner of Income-Tax, which established that without profits from export sales, the assessee is not entitled to the deduction under Section 80HHC. Consequently, the Court upheld the Department's appeal, reversing the Tribunal's decision that had favored the assessee.

M/S Mysodet (P) Ltd vs Commr.Of Income Tax,Bangalore · Niyam