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2017 (5) TMI 1404 - PUNJAB & HARYANA HIGH COURTDeduction u/s 80IB in respect of excise duty rebate/refund - Held that:- Since the issue had been decided on the basis of concession given in Liberty India’s case (2006 (9) TMI 487 - PUNJAB & HARYANA HIGH COUR ) it was argued that in various decisions the relief under Section 80IB of the Act could not be declined on Excise Duty refund and thus, the matter requires to be re-adjudicated. It was prayed by learned counsel for the appellant which could not be effectively controverted by the learned counsel for the respondent-revenue that in such circumstances, the matter be remanded to the Assessing Officer who shall examine the factual matrix and keeping in view the legal position in this aspect decide afresh in accordance with law. As a result of the above, it is held that the matter with regard to relief under Section 80IB of the Act requires to be re-adjudicated. Consequently, the matter is remanded to the Assessing Officer to decide it afresh, after hearing the parties by passing a speaking order in accordance with law. As a result, the appeal stands disposed of accordingly.
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