2011 (3) TMI 9

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..... nt authority pursuant to exports and profit in sale of DEPB representing the excess of sale proceeds of DEPB over its face value is liable to be considered u/s 28(iiid) at the time of its sale - Tribunal had followed Special Bench decision in Topman Exports which stands over ruled - order passed by the Tribunal set aside and remit the case back to the Tribunal to decide this appeals on merits afte .....

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..... 3 of Section 80HHC in respect of DEPB Credit utilized by the assessee? 2. The order passed by the Tribunal in this appeal is brief because of the reason that the Tribunal has simply followed (which it was supposed to) the decision of the ITAT Special Bench, Mumbai in the case of Topman Export Vs. ITO [ITA No. 5769/Mum./2006 decided on dated 11th August, 2009.]. By that judgment, the Special Be .....

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