TMI Blog2015 (1) TMI 106X X X X Extracts X X X X X X X X Extracts X X X X ..... unal as an appellate Court was required to look into the matter and was to give its independent findings on the issue - while determining the issue of adjustment of freight and computation for deduction u/s 80HHC of the Act, the Tribunal again relied on the calculation given by the assessee, without given any reason for relying on the same, and directed the AO to verify the assessee's claim and to grant him deduction u/s 80HHC – thus, the matter is to be remitted back to the Tribunal for fresh consideration – Decided in favour of revenue. - TAX APPEAL NO. 416 of 2003 - - - Dated:- 28-11-2014 - MR. KS JHAVERI AND MR. K.J.THAKER, JJ. FOR THE APPELLANT : MRS MAUNA M BHATT, ADVOCATE FOR THE RESPONDENT : MRS SWATI SOPARKAR, ADVOCAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x (Appeals) and directing the Assessing Officer to exclude the excise duty from the total turnover for computing deduction u/s 80 HHC of the I.T. Act? 2. Whether the Tribunal is right in law and on facts in directing the Assessing Officer to allow deduction u/s 80HHC when the net result in the export business is a loss? 3. Mr. Bhatt, learned Sr. Advocate, invited the attention of this Court to the orders of the CIT(A) as well as the Tribunal and more particularly, to Paras-3.4 and 3.5 of the order of the Tribunal, wherein, the Tribunal observed that 14the calculation given by the assessee appears to be correct and then, directed the AO to verify the aforesaid calculation and allow the deduction u/s. 80HHC of the Act to the as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TAX , [2012] 343 ITR 89 (SC) and in COMMISSIONER OF INCOME TAX VS. GOVINDBHAI MAMAIYA , [2014] 367 ITR 498 (SC), the Tribunal was justified in directing the AO to verify the claim of the assessee and give deduction under Section 80HHC of the Act, accordingly. He, thus, submitted that there being no merit in the matter same be dismissed. 6. We have heard learned Counsels for the parties and perused the material on record, including the orders of the CIT(A) as well as the Tribunal. 7. From a perusal of the order of the Tribunal, we find that while reversing the findings recorded by the CIT(A), the Tribunal, in Para-3.3., observed as under; 3.3 In the impugned order, Ld. CIT(A) has held that excise refund is more of a s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d directed the AO to verify the assessee's claim and to grant him deduction under Section 80HHC of the Act. We are, therefore, of the opinion that the ends of justice would be met if the matter is remanded to the Tribunal for its consideration afresh, on merits and in accordance with law. 9. In the result, the appeal is PARTLY ALLOWED. The impugned judgment and order of the Tribunal, Dated: 30.01.2003, is QUASHED and set aside and the matter is remanded to the Tribunal for its consideration afresh. The Tribunal will consider the matter afresh in accordance with law and on merits and will dispose of the same by recording detailed reasons after hearing the parties, at the earliest. No order as to costs. - - TaxTMI - TMITax - Incom ..... X X X X Extracts X X X X X X X X Extracts X X X X
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