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2011 (3) TMI 129

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..... rt in CIT v. Kalpataru Colours & Chemicals (2010 - TMI - 76895 - BOMBAY HIGH COURT), the matter was remanded to the Tribunal for fresh decision in accordance with law - I.T.A. No.873 of 2010 (O&M) - - - Dated:- 15-3-2011 - MR. JUSTICE ADARSH KUMAR GOEL, MR. JUSTICE JASWANT SINGH, JJ. Mr. Rajesh Katoch, Standing Counsel for the appellant. ADARSH KUMAR GOEL, J. 1. This appeal ha .....

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..... e facts and circumstances of the case, the ITAT was right in law in not holding that total sale consideration inclusive of face value of DEPB and premium amount received thereof represents profit chargeable under sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961? (ii) Whether on the facts and circumstances of the case, the Hon ble Income Tax Appellate Tribunal is justified in law in n .....

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..... AT is right in law in not holding that total sale consideration inclusive of face value of DEPB and premium amount received thereof represents profit chargeable under sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961? (v) Whether on the facts and circumstances of the case, the ITAT is right in law in not holding that profit on transfer of DEPB entitlement represents the entire amount .....

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..... holding that the word profit referred to in Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961 requires any artificial cost to be interpolated to the extent that the face value of DEPB/DFRC should be deducted from the sale proceed for the purpose of determination of deduction under Section 80HHC of the Income Tax Act, 1961? (vi) Whether on the facts and circumstances of the case, the I .....

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