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C.I.T. -5 vs M/S Avani Exports on 30 March, 2015

Respectfully following the decision of the Hon'ble Apex Court in the case Avani Exports (supra) and the decision of the Coordinate Bench of this Tribunal in the assessee's own case for A.Y. 2003-04 (supra), to which both of us are party, we hold that the impugned order of the learned CIT(A) on this issue is unsustainable and reverse the same. Accordingly, we hold this issue in favour of the assessee and consequently allow ground No. VII of assessee's appeal.
Supreme Court - Daily Orders Cites 4 - Cited by 49 - Full Document

Commissioner Of Income Tax, Pune vs Shirke Construction Equipment Ltd on 17 May, 2007

In our view, this issue is settled by judicial pronouncements cited above by the decisions of the Hon'ble Apex Court in the case of ACG Associated Capsules (P) Ltd. vs. CIT (supra), of the Hon'ble Delhi High Court in the case of Shri Ram Honda Power Equipment (supra) and of the ITAT - Delhi (Special Bench) in the case of Lalson Enterprises (2004) 89 IGD 25 (Del SB). Respectfully following these decisions (supra), we uphold the decision of the learned CIT(A) in directing the AO to deduct only 90% of the net income after adjustment of expenses, if any, from the business profits while computing the eligible deduction under section 80HHC of the Act. Consequently, Revenue's ground No. 3 is dismissed.
Supreme Court of India Cites 13 - Cited by 75 - Full Document

J.K. Industries Ltd. vs Acit on 8 November, 2005

8.2 After hearing both parties in the matter, we hold this issue against the assessee, and uphold the orders of the authorities below following, inter alia, the decisions of the Hon'ble Apex Court in the case of CIT vs. Shirke Construction Equipment Ltd. (2007) 291 ITR 380 (SC) and of the Hon'ble Karnataka High Court in the case of J.K. Industries vs. ACIT (2013) 351 ITR 434 (Kar). Consequently, ground No. V of the assessee's appeal is dismissed.
Income Tax Appellate Tribunal - Kolkata Cites 28 - Cited by 42 - Full Document

Acg Associated Capsules P.Ltd vs C.I.T Central-Iv Mumbai on 8 February, 2012

In our view, this issue is settled by judicial pronouncements cited above by the decisions of the Hon'ble Apex Court in the case of ACG Associated Capsules (P) Ltd. vs. CIT (supra), of the Hon'ble Delhi High Court in the case of Shri Ram Honda Power Equipment (supra) and of the ITAT - Delhi (Special Bench) in the case of Lalson Enterprises (2004) 89 IGD 25 (Del SB). Respectfully following these decisions (supra), we uphold the decision of the learned CIT(A) in directing the AO to deduct only 90% of the net income after adjustment of expenses, if any, from the business profits while computing the eligible deduction under section 80HHC of the Act. Consequently, Revenue's ground No. 3 is dismissed.
Supreme Court of India Cites 14 - Cited by 297 - A K Patnaik - Full Document
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