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2014 (7) TMI 760

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..... y, J.M: The appeal has been filed by the Revenue assailing the order of the Commissioner of Income Tax(Appeals)-VI, Chennai, dated 25-11-2013 relevant to the Assessment Year (AY) 2003-04. The only issue raised by the Revenue in appeal is deleting of dis-allowance u/s.80HHC of the Income Tax Act, 1961 (herein after referred to as 'the Act'). 2. The assessee is engaged in the business of export of .....

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..... gh Court in the case of M/s.Avani Exports & Others Vs. CIT reported as 348 ITR 391 (Guj) in deleting dis-allowance made u/s.80HHC. The Revenue has come in appeal before the Tribunal assailing the findings of the CIT(Appeals) on the issue. 3. Shri Guru Bhashyam, appearing on behalf of the Department submitted that the CIT(Appeals) has erred in deleting the disallowance of Rs. 60,83,213/- made u/s. .....

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..... that, in the facts and circumstances of the present case the CIT(Appeals) has rightly placed reliance on the judgment of the Hon'ble Gujarat High Court in the case of M/s.Avani Exports & Others Vs. CIT (supra). So far as computation of deduction u/s.80HHC is concerned, we deem it appropriate to remit the file back to the Assessing Officer to re-compute the same in accordance with the judgment rend .....

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