TMI Blog2014 (1) TMI 241X X X X Extracts X X X X X X X X Extracts X X X X ..... eresed - The issue is restored for fresh adjudication. - MA Nos. 255, 256 & 257/Mum/2013 (Arising out of ITA Nos.3945/Mum/2005, 3289 & 3290/Mum/2006), MA Nos. 258 & 259/Mum/2013 (Arising out of ITA Nos.3262 & 3263/Mum/2006) - - - Dated:- 3-1-2014 - Shri Sanjay Arora, AM And Shri Vivek Varma, JM,JJ. For the Petitioner : Shri Vijay Mehta For the Respondent : Shri Pitambar Das ORDER Per Sanjay Arora, A. M. This is a set of five Miscellaneous Applications by the Assessee, i.e., in respect of the disposal by the Tribunal of the assessee's appeal for A.Y. 2001-02 and the cross appeals for A.Ys. 2002-03 and 2003-04. The same concerning common issues, were clubbed together for hearing; the tribunal, in fact, having decided all ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... been since reversed by the apex court, we only consider it fit and proper that the matter be decided in accordance with the law without being bound by the decision by the hon'ble jurisdictional high court in the case of Kalpataru (supra), inasmuch as the same no longer represents good law in view of the decision by the apex court in the case of Topman Exports (supra). We decide accordingly. 4. The second issue concerns the disposal by the tribunal of the assessee's ground no.3 (for A.Y. 2001-02) and ground no.10 (for A.Ys. 2002-03 2003-04). The same relates to the restriction of the deduction u/s.80-HHC in view of section 80-IB(13) (erstwhile 80IA(9)) of the Act. The same stands decided by the tribunal vide para 9 of its impugned order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue's appeal for A.Ys. 2002-03 2003-04. Vide the same, the Revenue impugns the decision by the first appellate authority in directing the A.O. to consider the advance license benefit, DEPB and DFRC benefit as covered u/s.28(iiib) for the purpose of computation of deduction u/s.80-HHC of the Act. The tribunal decided the matter by restoring it back to the file of the A.O. to decide the same in light of the decision in the case of Kalpataru Colours Chemicals (supra). The same having been since reversed, a like modification, as in respect of the assessee's ground qua DEPB, i.e., for following the decision in Topman Exports (supra), is moved by the assessee. 7. We have heard the parties, and perused the material on record. The ld. CIT(A) h ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... so becomes likewise bad in law. Under the circumstances, therefore, accepting the assessee's claim, we direct for the restoration of the Revenue's appeal for both A.Ys. 2002-03 2003-04 qua ground no. 3 for an adjudication afresh by the tribunal in accordance with the law after hearing the parties. We decide accordingly. 9. The appeals, as and to the extent recalled by this order shall be posted for hearing on January 27, 2014, as announced in the open court on the conclusion of the hearing. No separate notice of hearing shall accordingly be sent to the parties. 10. In the result, the miscellaneous applications are allowed on the aforesaid terms. Order pronounced in the open court on January 03, 2014. - - TaxTMI - TMITax - Income ..... X X X X Extracts X X X X X X X X Extracts X X X X
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