COMMISSIONER OF INCOME TAX Vs. WILLAMSON FINANCIAL SERVICES

JUDGEMENT

(1.) LEAVE granted in S. L. P. (C) No. 2275 of 2007.

(2.) THE intricate question which arises for determination in this batch of civil appeals is at what stage Section 80hhc Deduction is to be allowed i. e. before the 60 : 40 apportionment under Rule 8 (1) or from 40% profits on sales taxable as Business Income.

(3.) FOR the sake of convenience we state the facts occurring in Civil Appeal no. 3803-3808 of 2005- Commissioner of Income Tax v. Willamson Financial Services and Ors. In the returns, the assessee claimed Section 80hhc Deduction against the entire composite Income before application of Rule 8 (1 ).