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Whether on the facts and circumstances of the case the Respondent No.1 is justified in excluding from the total business income the Re-assortment charges amounting to Rs. 10,67,350/- and Labour Commission of Rs. 1,48,809 for the purpose of calculating deduction under Section 80 HHC of the Act The combined meaning of clauses (b) and (ba) to the Explanation shows that the business profits in the above formula shall not include receipts by way of brokerage, commission, interest, rent charges or any other receipt of a similar nature as they do not have any nexus with the sale proceeds from export activities. Therefore, the service charges cannot be considered as part of the business profits while working out deductions under section 80HHC.

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Sec. 80HHC of Income Tax Act, 1961— Deduction —There should be a direct nexus between the profits on the one hand and the export activity on the other hand and as the profits earned by the assessee on account of service charges cannot be said to have a direct nexus with the export activities of the assessee, hence, to that extent, the assessee was not entitled to claim deduction under section 80HHC— Seven Stars vs. Deputy CIT [2020] 421 Itr 16 (BOM)

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