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2013 (6) TMI 45 - RAJASTHAN HIGH COURTWhether findings of fact binding on to the High Court - Deduction u/s 80HHC - export of marble blocks - no value addition in terms of cost of exported blocks as required in Circular No. 693, dated November 17, 1994 - held that:- the finding of the learned Income-tax Appellate Tribunal is in favour of assessee-respondents and it has been categorically held that the assessee-respondents are eligible for deduction under section 80HHC of the Act for export of marble blocks, which were cut and polished. This findings are, indisputably, binding on, this court in view of the law laid down by the hon'ble Supreme Court in the case of Sudarshan Silks and Sarees v. CIT [2008 (4) TMI 5 - Supreme Court]. The appellant-Revenue has also not controverted that the findings arrived at by the learned Tribunal on facts are not correct or are perverse. Therefore, the findings of facts arrived at by the learned Income-tax Appellate Tribunal need not be gone into by us. - ITAT was justified in allowing the deduction under section 80HHC of the Act regarding the export of cut and polished marble blocks during the relevant years by the assessee-respondents. - Decided against the revenue.
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