2005 (11) TMI 194

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....y the revenue on20-5-2002 against the orders of the ld. CIT (Appeals)-VII,New Delhi dated27-2-2002 and11-2-2002 respectively in the case of the assessee in relation to assessment orders under section 143(3) for assessment years 1996-97 and 1998-99 respectively. 2. The only point of dispute in these two appeals relates to the correct method of calculation of deduction under section 80HHD availab....

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....9,350 were accordingly reduced by the sum of Rs. 2,51,64,250 being the amount in relation to which the assessee had issued 10CCEA certificates. In the assessment order, the Assessing Officer while reducing the assessee's gross receipts in convertible foreign exchange by the sum of Rs. 2,51,64,250, he did not reduce the same amount from the total receipts of the business of the assessee from domest....

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....erfering with the computation of deduction as made by the ld. Assessing Officer. 4. The ld. Authorised Representative of the assessee argued that as the foreign exchange receipts of the assessee had been reduced, it was only logical that the same should be reduced from the total business receipts of the assessee as well. In support of these contentions, the ld. counsel for the assessee relied u....

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.... so as to avoid absurd results. 5. We have carefully considered the rival submissions. Various High Court judgments and Tribunal decisions relied upon by the assessee have been rendered in the context of section 80HHC that for the purpose of working out export profits of the assessee, the amount of excise duty included in the domestic turnover should be excluded. In our opinion, the case of the....