TMI Blog2018 (9) TMI 1553X X X X Extracts X X X X X X X X Extracts X X X X ..... the first appellate authority while adjudicating Ground No. 1 of the appeal. It is settled position of law that non-adjudication of issues is a mistake apparent from record and the first appellate authority ought to have considered the rectification application in true spirit and decided the issue afresh - remit the matter to the file of the CIT(A) with the direction to decide all the issues afresh after giving reasonable and sufficient opportunity of being heard to the assessee. - ITA No. 4122/DEL/2015 - - - Dated:- 20-9-2018 - Shri N.K. Billaiya Accountant Member, And Shri N.K. Choudhary, Judicial Member For the Assessee : Shri Rohit Jain, Adv Ms. Deepashree Rao, CA Shri Vibhu Gupta, CA For the Revenue : Ms. Asima Neb, Sr. D ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... diture (if any) and prior period expenditure forming part of indirect cost for computing deduction u/s 80HHC of the Act. 3. Briefly stated, the facts of the case are that the assessee is a Government of India Enterprise and is engaged in the business of trading/manufacturing of various commodities, which are exported and sold in domestic market as well. The Assessing Officer framed assessment u/s 143(3) of the Income-tax Act, 1961 [hereinafter referred to as 'the Act' for short] vide order dated 16.03.2000, which was assailed before the ld. CIT(A). Vide order dated 26.04.2001, the ld. CIT(A) decided the appeal of the assessee. 4. Subsequently, the assessee moved an application u/s 154 of the Act in respect of appellate order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... period expenditure in the calculation of indirect cost by the Assessing Officer was also challenged on the plea that no portion of prior period expenditure is relatable to the export activity of the year and, lastly; (iii) Section 80HHC is a complete code in itself and not controlled by section 80AB of the Act as decided by various courts. 8. Therefore, the action of the Assessing Officer in restricting the deduction u/s 80HHC by applying section 80AB of the Act for excluding the dividend income from business income is erroneous in law. 9. We have carefully perused the order of the first appellate authority dated 26.04.2001. We find force in the contention of the ld. counsel for the assessee. The issues mentioned hereinabove have n ..... X X X X Extracts X X X X X X X X Extracts X X X X
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