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TMI Blog2012 (8) TMI 669X X X X Extracts X X X X X X X X Extracts X X X X ..... nd in not considering that the Assessing Officer had exceeded his jurisdiction in following the order of Bombay High Court against specific direction of Hon'ble Tribunal to decide the issue on the basis of Special Bench's judgment in the case of M/s Topman Exports. 2. That the Ld. CIT(A) has even otherwise erred in not allowing the benefit of deduction u/s 80HHC on the DEPB/DFRC Licenses. 3. That the appellant craves leave to add or amend the grounds of appeal before the appeal is finally heard or disposed off. 3. Firstly, we will take up assessee's appeal for assessment year 2000-01. 4. Briefly stated, the facts of the case are that the assessee filed the return for assessment year 2000-01 declaring net income a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... following the decision of ITAT, Mumbai Special Bench in the case of Topman Exports v. ITO [2009] 33 SOT 337/[2010] 124 ITD 1 and in the case of Kalapatru Colours & Chemicals v. Addl. CIT [IT Appeal No. 5851/Mum/2006 vide order dated 11.8.2009]. However, the Assessing Officer framed the assessment vide order dated 24.12.2010 wherein he has again assessed the income at a figure of Rs. 2,50,02,250/- which was income assessed in the original assessment order. 5. On appeal, the CIT(A) rejected the claim of the assessee, observing as under:- "7. I have perused the order of the Hon'ble High Court which in fact has been quoted by the Assessing Officer in the assessment order. A plain reading of the order shows that the Hon'ble Bench was in agreem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fficer with a direction to decide the same afresh keeping in view the decision of Hon'ble Supreme Court in the case of Topman Exports (supra). The Assessing Officer should give an opportunity of being heard to the assessee. For statistical purposes, the appeal is allowed. 7. In the result, appeal is allowed for statistical purposes. 8. ITA No.320/Chd/2012 In this case, while framing the assessment the Assessing Officer disallowed the deduction claimed u/s 80HHC of the Income Tax Act, 1961 (in short 'the Act'). While disallowing the deduction the Assessing Officer, in view of amendment to section 80HHC with retrospective effect from 1.4.1998 held that the profit on transfer of DEPB received by the assessee is covered under clause (iiid) o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ain refused to grant deduction u/s 80HHC as claimed by the assessee in its return of income. On appeal, the CIT(A) rejected the claim of the assessee observing as under:- "7. I have perused the order of the Hon'ble High Court which in fact has been quoted by the Assessing Officer in the assessment order. A plain reading of the order shows that the Hon'ble Bench was in agreement with the Bombay High Court decision in the case of CIT v Kalpataru Colours and Chemicals and had accordingly directed the ITAT to pass the order in accordance with law. As such the Assessing Officer has correctly appreciated the judgment of Hon'ble Jurisdictional High Court and computed the deduction u/s 80HHC correctly. " 10. The issue involved in this appeal is s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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