TMI Blog2022 (10) TMI 1105X X X X Extracts X X X X X X X X Extracts X X X X ..... y pointed out about the embedded duty drawback value in Export Turn Over which is not separately explained by the assessee in the submission. The claim of interest income other income should be verified by the ld. AO during hearing. The assessee should get reasonable opportunity to submit the evidence during the hearing.Accordingly, the matter is setting aside to ld. AO consider the terms indicated above - Appeal of the assessee is allowed for statistical purpose. - I.T.A. No.508/Asr/2016 - - - Dated:- 18-10-2022 - Dr. M. L. Meena, Accountant Member And Sh. Anikesh Banerjee, Judicial Member For the Appellant : Sh. P. N. Arora, Adv. For the Respondent : Sh. S.M. Surendra Nath, Sr.DR ORDER PER: ANIKESH BANERJEE, JM: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 74993/- made through employee Rakesh Kumar to various daily wagers does not fall within the preview of sec. 194-C each being below Rs. 20000/-. (d) That payments amounting to Rs. 61820/- made to Kimti Lal Sharma, agent of the appellant, interalia includes payment made to India Railway for freight amounting to Rs. 34300/- (20080+ 14220/-), are outside the preview of sec. 194-C. 4. That on the facts circumstances of the case Ld. Commissioner of Income Tax (Appeals), Bhatinda erred in overlooking the filing the two Form 26-A with Annexure A as follows: - (a) Form No 26-A with Annexure A dt. 13.01.2015 duly signed by CA Sh. Ramesh Babber relating to payment of Rs. 180877/- to M/s Gopi Chand Parma Nand Ahuja, Fazilka. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ground no. 5 is placed for adjudication. The issue is related to the deduction u/s 80 IB. The ld. AO rejected the claim of the 80IB of the assessee. The ld. CIT(A) had considered the petition of the assessee remand back the matter before the ld. AO. The assessee had filed appeal by challenging the order of the ld. CIT(A) before the ITAT. 3. The ld. Counsel for the assessee filed the written submission and brief note and argued that the assessee is a exporter of cotton ginning and pressing, factory at village Burjmohar, Abohar. The assessee also an exporter and also the trader of the items and claimed deduction u/s 80IB. The ld. Counsel submitted the appeal order for assessment year 2009-10 bearing Appeal No. 478-IT/CIT(A)/BTI/2011-12, d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions aforesaid and then arrive at the eligible income for deduction. It is ordered accordingly. 6. We heard the rival submission and considered the documents available in the record. The assessee submitted a calculation for both the assessment years 2008-09 and 2009-10 related to claim u/s 80IB, APB page no. 3,5 and 7 . The only point raised by the ld. CIT(A) is calculated the other income, but no such other income was pointed out in the calculation of the assessee. The claim of the assessee related to section 80IB is restricted by the revenue on determination of other income embedded in the profit of the assessee. Respectfully, we observed the direction of Hon able Apex Court in the case of Krishak Bharati Cooperative Ltd. v. Join ..... X X X X Extracts X X X X X X X X Extracts X X X X
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