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TMI Blog2015 (1) TMI 427X X X X Extracts X X X X X X X X Extracts X X X X ..... K S Jhaveri: 1. Since, the issue involved in both the appeals is common, they are heard together and disposed of by this common judgment. 2. By way of these appeals, the appellant- Revenue has challenged the order of the learned ITAT, Rajkot Bench (for short, 'the Tribunal'), Dated: 25.11.2005, rendered in ITA Nos. 353 & 354/RJT/2004 for the A.Ys. 1996-97 and 1997-98, respectively. 3. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing these appeals, this Court framed the following common question of law; "Whether in the facts and circumstances of the case, the Appellate Tribunal was right in law in allowing claims for deduction u/s 80HHC of the Income Tax Act, 1961 holding that service charges, interest, delivery and distribution charges c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Tribunal erred in passing the impugned order, inasmuch as it failed to appreciate the material on record in its proper perspective. He submitted that the Tribunal overlooked the provisions of Section 80HHC of the Income Tax Act, 1961 (for short, 'the Act'), which envisages deductions from the income derived from the export. He, further, submitted that the CIT(A) as well as the Tribunal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ard learned Counsels for the parties and perused the material on record as well as the orders passed by the CIT(A) and the Tribunal. From a perusal of the orders of the CIT(A) as well as the Tribunal, it appears that while answering the issue raised in these appeals in favour of the assessee, both the authorities below placed reliance on a decision of the Kerala High Court in "BABY MARINE EXPORTS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ise, whereas, according to section 80HHC(1A), the assessee being supporting manufacturer shall be entitled to a deduction of profit derived by the assessee from the sale of goods or merchandise. Thus, we do not find that the the Tribunal committed any error in passing the impugned order. 10. In the result, both the appeals are DISMISSED. We hold that the Appellate Tribunal was right in law in all ..... X X X X Extracts X X X X X X X X Extracts X X X X
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