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2020 (5) TMI 632 - PUNJAB AND HARYANA HIGH COURTRevision u/s 263 - Computation of taxation of profits of the Industrial Undertaking u/s 80-I - amounts of duty draw back received for the manufactured goods exported by it - HELD THAT:- It is a matter of record that the Assessing Officer while restricting the deduction under Section 80-I allowed deduction on duty draw back in respect of the goods manufactured and exported. The 1st Appellate Authority noted the contention of the assessee that the dispute was that the assessee claimed deduction under Section 80-I on the goods bought from market and exported. The Appellate Authority held that the assessee is entitled to deduction under Section 80-I proportionately on the goods manufactured and exported. The dis-allowance of deduction under Section 80-I on the goods purchased from market and exported was upheld. Tribunal rightly observed that the issue whether deduction under Section 80-I is available on duty draw back on manufactured goods was never specifically dealt in appeal. There was no occasion for raising the issue as the deduction was allowed by the AO. There is no quibble that the Commissioner (Appeals) as per the explanation to Section 251 of the Act can consider the matter arising out of the proceedings in which the appeal is filed irrespective of the fact that the said matter has not been raised by the appellant. There is also no dispute/ that as per explanation 1(c) to Section 263(1), the revision cannot be done of the issue which has been considered and decided in appeal. In the present case, the issue whether the assessee was entitled to deduction under Section 80-I of the Act on duty draw back with regard to goods manufactured and exported was neither considered nor decided in appeal. The reliance on certain part of the order by learned counsel for the appellant is not well founded. The said observations were vis-a-vis the proportionate deduction under Section 80-I qua the goods manufactured and exported. The reliance on the decision of Gujarat High Court in [2003 (4) TMI 77 - GUJARAT HIGH COURT]does not enhance the case of the assessee, as already discussed, the issue taken up in revision was not subject matter of appeal - Decided against assessee. Disallowing the exemption in respect of duty draw back while computing the tax free profit u/s 80-I - HELD THAT:- As decided in M/s Nahar Spinning Mills Ltd. [2010 (11) TMI 1099 - PUNJAB AND HARYANA HIGH COURT] in the case of the assessee itself deciding the following question in favour of the revenue.
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