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Whether on the facts and in the circumstances of the case the Tribunal is right in holding that interest income assessed as “business income” is to be excluded from the 'profits and gains of business” for purposes of Section 80HHC and if so whether the gross or net interest is excludable?

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Section 80HHC of the Income Tax Act, 1961 — Deduction — The basic requirement of section 80HHC is earning in foreign exchange and retention of profits for export business and such benefit should go only to exporters and should not be misused for getting the benefit when there is no element of export involved in the income — Interest income on fixed deposit had to be included in computing the profits and gains of business under section 80HHC— JVS Exports vs. Assistant Commissioner of income tax [2019] 419 ITR 123 (Madras)

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