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TMI Blog2020 (4) TMI 546X X X X Extracts X X X X X X X X Extracts X X X X ..... claimed profit at the rate of 94%. Deduction was claimed under Section 10-A of the Income Tax Act. The Assessing Authority issued notice to the assessee calling upon him to show cause as to why the percentage as declared by others at the rate of 23% to 62% should not be considered in the assessee's case as well. The same was contested by the assessee. The Assessing Officer passed an order holding that, the assessee is entitled to deduction under Section 10-A read with Section 80IA-10 of the Income Tax Act to an extent of 62% only and not 94% as claimed by the assessee. An appeal was filed before the Commissioner of Income Tax (Appeals). The appeal was partly allowed by holding that the assessee is entitled to an extent of 80%. Aggrieved by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by resorting to Section 10A read with Section 80IA(8) of the Act? 4) In the absence of close connection being established by the Revenue, whether the appellant was not eligible for deduction under Section 10A of the Act in respect of the entire profit on the export declared by it?" 4. Thereafter, by the order dated 31.10.2019, ITA No.215 of 2010 was disposed off on monitory limits in terms of the Circular No.17 of 2019 dated 08.08.2019 passed by Director (ITJ), Central Board Direct Taxes, New Delhi. Hence, ITA No.216 of 2010 and ITA Nos.357-358 of 2014, are taken up for consideration. 5. The learned Counsel for the appellants primarily contend that substantial material were produced before the Tribunal for consideration. The sam ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 03 dated 28.11.2003 in the ledger book for the year 31.12.2004. It is further narrated in the order of the Tribunal that they were unable to verify that the software was actually supplied by the assessee. However, at page 44 of the order of the Tribunal, it is narrated that, the letter from M/s Michael Camus states that the company has not supplied data process and that the letter does not deny the supply of traceability software. That the Department in its remand report has accepted that the assessee was not involved in pharmaceutical exports. 7. Various such anomalies were brought to our notice by the learned Counsel for the revenue. Under these circumstances, appreciation of the material produced by the revenue as well as assessee, may ..... X X X X Extracts X X X X X X X X Extracts X X X X
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