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2008 (12) TMI 6 - HC - Income TaxWhether Tribunal was justified in holding that the appellant was not entitled to deduction u/s 80 IB on the duty drawback this question is answe5red in favour of assessee - Whether Tribunal was justified in holding that the appellant was not entitled to deductions u/s 80 IB and u/s 80HHC on interest earned on FDRs this question is answered in favour of revenue
Issues:
1. Deduction under Section 80 IB on duty drawback amount 2. Deduction under Section 80 IB on interest earned on FDRs 3. Deduction under Section 80 HHC on interest earned on FDRs Analysis: Issue 1: Deduction under Section 80 IB on duty drawback amount The appellant challenged the order of the Income-tax Appellate Tribunal regarding the deduction under Section 80 IB of the Income-tax Act, 1961 on the duty drawback amounting to Rs 2,58,06,330/-. The court found that this issue was covered in favor of the assessee by previous decisions. Referring to the cases of Commissioner of Income-tax v. Eltek SGS Pvt Ltd and Commissioner of Income-tax v. M/s Dharam Pal Prem Chand Limited, the court allowed the appeal of the assessee on this question, holding in favor of the assessee based on the precedent set by the mentioned decisions. Issue 2: Deduction under Section 80 IB on interest earned on FDRs The appellant also contested the decision of the tribunal on the deduction under Section 80 IB of the Income-tax Act on interest earned on Fixed Deposit Receipts (FDRs) amounting to Rs 82,370/-. The court did not find any fault in the tribunal's decision on this matter. It was concluded that no substantial question of law arose concerning this issue. The court did not find any grounds to overturn the tribunal's decision on this deduction. Issue 3: Deduction under Section 80 HHC on interest earned on FDRs Regarding the deduction under Section 80 HHC of the Income-tax Act on the interest earned on FDRs amounting to Rs 82,370/-, the court noted that this issue was also not in favor of the appellant. Citing the decision in Commissioner of Income-tax v. Shri Ram Honda Power Equipment, the court confirmed that the tribunal had correctly followed the precedent set by this decision. As a result, the court upheld the tribunal's decision on this deduction in favor of the revenue. In conclusion, the court allowed the appeal of the assessee on the first issue, while upholding the tribunal's decision on the other two issues. The appeal was disposed of accordingly by the judges, Badar Durrez Ahmed and Rajiv Shakdher.
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