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2019 (3) TMI 1542 - AT - Income TaxDeduction u/s 10B computation - AO made addition in respect of duty draw back claim and not including income from typesetting and scan and exchange rate fluctuation as well as not reducing the sale of scrap from the cost of sale and setting it off from the turnover - HELD THAT:- Considering assessee's submission has to be remanded back to the file of the CIT(A) for considering Duty Drawback u/s 10B in light of the decision of Topman Exports [2012 (2) TMI 100 - SUPREME COURT OF INDIA]. DR does not object for the same. We, therefore, remand back this issue to the file of the CIT(A) for fresh adjudication in light of the decision of the Apex Court in case of Topman Export (Supra). Ground No. 1 of the assessee’s appeal is partly allowed for statistical purpose. Inclusion of sale of scrap in computing deduction u/s 10B - HELD THAT:- As relying on SADHU FORGING LTD. [2011 (6) TMI 9 - DELHI HIGH COURT] receipts of sale of scrap being part and parcel of the activity and being proximate thereto would also be within the ambit of gains derived from industrial undertaking for the purpose of computing deducting under section 80-IB. Including the constructive export computing deduction u/s 10B - HELD THAT:- CIT(A) has rightly held that there is no independent counter sale by the assessee as the assessee supplied the published material to local shopkeepers who are importers of books, from the foreign publishers as per the instruction of the foreign clients (publishers) of the assessee and the sale was actually made by the assessee to the foreign buyer and only the delivery is made to the Indian importer instead of sending the published material aboard and again bringing it back to avoid two way movements of goods. This claim was also allowed by the Revenue in A.Ys. 2005-06 to 2007-08, therefore, rule of consistency also has to be applied. also see REPLIKA PRESS PRIVATE LIMITED AND ANR VERSUS ASSISTANT COMMISSIONER OF INCOME TAX. CIRCLE 15(1). NEW DELHI [2013 (1) TMI 625 - DELHI HIGH COURT] - Decided against revenue
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