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In the context of computation of deduction u/s 80HHC the Jaipur Bench of the ITAT in the case of Wolkem India LTd. V. Dy. CIT (108TAX157) held that the only intention of the Legislature inlaying down the formula is to find out the profits derived from export. Therefore, the turnover should be restricted only to such reciepts, which have an element of profit therein. It is only the actual sales price which is relevant and, therefore, anything charged by way of statutory levies, such as excise duty and sales tax, in addition to the sales price, has to be ignored because these statutory levies collected by the assessee have no element of profit. The Court further held that the interpretations sought to be given by the revenue leads to an absurd or unjust result, which has to be avoided. In view of the matter, from an overall perspective, the sales tax, octroi and excise duty on local sales should not form part of the total turnover for the purpose of computation of deduction under section 80HHC. Further the Court held that since section 80HHC is intended to encourage exports, it should be interpreted in a liberal manner which advances the objective of encouragement of exports and not in a manner which defeats or frustrates the purpose. The aforesaid principle should equally apply in the context of deduction admissible u/s 80HHD in the case of hotel industry. Similarly the Calcutta Bench of the Tribunal in the case of Dy. CIT v. Stone India Ltd. (108TAX159) held that in this manner the assessee would be eligible for lesser relief under section 80HHC which is not intended by the Legislature.

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