Deduction u/s 80HHC on sale made to UNICEF in India- allowed or disallowed ?

M/S. Indian Del. (P) Ltd Vs. Commissioner of Income Tax, ITR 133/1997, Judgment delivered on 15.02.2012, High Court of Delhi

The Hon™ble High Court held that provisions of Section 80-HHC required two conditions to be satisfied before an assessee could claim deduction there under. The two conditions being:- (i) the goods being export out of India and (ii) Sale proceeds of goods or merchandise exported out of India are receivable in convertible foreign exchange. The above conditions are satisfied cumulatively. Here sale made to UNICEF in India would not amount to export of goods. Accordingly the assessee is not entitled to deduction U/s 80-HHC of the Act.

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