TMI Blog2015 (10) TMI 1086X X X X Extracts X X X X X X X X Extracts X X X X ..... toms and Central Excise Duties Draw Back Rules, 1971 is deemed to be profits and gains of business or profession. The said provision has to be given full effect to and this means and implies that the duty draw back or duty benefits would be deemed to be a part of the business income. Thus, will be treated as profit derived from business of the undertaking. These cannot be excluded. Even otherwi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... espect of newly established hundred per cent export- oriented undertakings- (4) For the purposes of sub-section (1), the profits derived from export of articles or things or computer software shall be the amount which bears to the profits of the business of the undertaking, the same proportion as the export turnover in respect of such articles or things or computer software bears to the total t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... visions should be made irrelevant and both have to be applied without negating the other. In other words, the manner of computing profits derived from exports under Sub-section (1), has to be determined as per the formula stipulated in Sub-Section (4), otherwise Sub-section (4) would become otise and irrelevant. The issue in question in this appeal which pertains to the Assessment Year 2009-10, ..... X X X X Extracts X X X X X X X X Extracts X X X X
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