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2011 (2) TMI 202

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....or the sake of convenience, we can reproduce the questions of law framed in one of these appeals:- "(a) Whether on a correct interpretation of the relevant statutory provisions, Tribunal was justified n law in directing the Assessing Officer to allow deduction under section 80HHC of the Act in respect of "profit" on sale of DEPB? (b)Whether on the facts of the present case, Tribunal was justified ....

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....of sale proceeds of DEPB over its face value is liable to be considered u/s 28(iiid) at the time of its sale. 3. The Revenue had filed the appeal in the High Court Adjudicate at Bombay against the aforesaid decision of the Special Bench of the ITAT. The Bombay High Court has reversed the decision of the Tribunal and the judgment of the Bombay High Court is reported as Commissioner of Income Tax....