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    <title>2001 (11) TMI 232 - ITAT DELHI-E</title>
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    <description>ITAT DELHI-E held that the CIT&#039;s invocation of s.263 was erroneous and prejudicial to Revenue because the issue of including foreign exchange fluctuation in export turnover for deduction u/s 80HHC was already considered and decided by the CIT(A), thereby merging the AO&#039;s order with the appellate order and ousting revision. The tribunal found exchange rate gains/losses are part of export turnover (additional sales price) and cannot be read into &quot;any other receipts&quot; under the ejusdem generis rule; consequently the CIT&#039;s attempt to treat such receipts as subject to 90% exclusion (brokerage/commission type) was unjustified.</description>
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    <pubDate>Mon, 05 Nov 2001 00:00:00 +0530</pubDate>
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      <title>2001 (11) TMI 232 - ITAT DELHI-E</title>
      <link>https://www.taxtmi.com/caselaws?id=65253</link>
      <description>ITAT DELHI-E held that the CIT&#039;s invocation of s.263 was erroneous and prejudicial to Revenue because the issue of including foreign exchange fluctuation in export turnover for deduction u/s 80HHC was already considered and decided by the CIT(A), thereby merging the AO&#039;s order with the appellate order and ousting revision. The tribunal found exchange rate gains/losses are part of export turnover (additional sales price) and cannot be read into &quot;any other receipts&quot; under the ejusdem generis rule; consequently the CIT&#039;s attempt to treat such receipts as subject to 90% exclusion (brokerage/commission type) was unjustified.</description>
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      <pubDate>Mon, 05 Nov 2001 00:00:00 +0530</pubDate>
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