TMI Blog2010 (9) TMI 43X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 80-IB not being income derived from industrial undertaking. Held that - in the light of the various decisions the income derived from export incentive is not eligible for deduction u/s 80IB of the Act, not being income declared from industrial undertaking. - 91 of 2010 - - - Dated:- 29-9-2010 - ADARSH KUMAR GOEL and AJAY KUMAR MITTAL JJ. Denesh Goyal for the appellant. Pankaj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om export house as DEPB considering it to be a part of sales made by the assessee ? 2. Whether on the facts and circumstances of the case the hon'ble Income-tax Appellate Tribunal erred in not holding the DEPB of Rs.2,30,85,117 received from the export house as not derived from the industrial undertaking eligible for deduction under section 80-IB of the Income-tax Act, 1961 ? 3. Whether on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g income derived from industrial undertaking. On appeal, the Commissioner of Income-tax (Appeals) upheld the plea of the assessee on the ground that part of sales of the assessee were to an export house. The said view has been affirmed by the Tribunal. 3. We have heard learned counsel for the parties. 4. Learned counsel for the Revenue submits that the Tribunal erred in allowing the claim u ..... X X X X Extracts X X X X X X X X Extracts X X X X
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