TMI Blog2011 (7) TMI 1119X X X X Extracts X X X X X X X X Extracts X X X X ..... he order dated 27.9.2007 passed by the ld. CIT(A)-XII for the Assessment Year 1997-98. 2. The assessee has not pressed ground No. 1 therefore it is dismissed as not pressed. 3. The second issue which has been raised in ground No. 2 3 is regarding reduction of 90% of interest earned by the assessee from the EEFC account amounting to ₹ 67,80,738/- in computing relief u/s.80 HHC. We fin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arisen as a result of deposit maintained in the EEFC account can similarly not to be regarded as representing the business income. Respectfully following the decision of the Jurisdictional High Court in the case of CIT vs. Shah Originals (supra), we dismiss the appeal of the assessee on this issue. 4. The next issue raised in ground No. 4 is regarding the reduction of 90% sundry balance written ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respect of ₹ 2,65,804/- on the basis of above direction. 5. The next issue raised in ground No. 5 is regarding exclusion of ₹ 27,26,275/- from the export turnover. Here again, this issue was set aside by the Tribunal to the files of Assessing Officer in ITA 6427/Mum/02 for the A.Y. 97-98 dt.22.12.05 but we do not see any discussion on this aspect by the Lower authorities. Apparently ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s set aside by the Tribunal in the earlier round in ITA No 7258/M/02 dt.22.12.05. Therefore the giving effect to order of the Ld. CIT(A) is not on appeal before us. The AO shall give effect to the relief granted by the appellate authorities earlier, while passing an order giving effect to this order of the Tribunal. With this observation, the appeal filed by the assessee on this issue is dismissed ..... X X X X Extracts X X X X X X X X Extracts X X X X
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