2013 (4) TMI 258

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.... is directed against the order dated 20-03-2007 passed by the Ld. CIT(A)-I, Kochi and it relates to the assessment year 1999-2000. None appeared on behalf of the assessee and hence the appeal was heard ex-parte, qua the assessee. 2. The assessee is assailing the decision of Ld CIT(A) on the following two issues:- (a) Validity of re-opening of assessment u/s 147 of the Act. (b) Denial of deducti....

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....iso 3 and 4, referred above and hence he reopened the assessment of the year under consideration in order to withdraw deduction allowed u/s 80HHC on the DEPB receipts. In the reopened assessment, the AO disallowed the claim of deduction u/s 80HHC on DEPB receipts. The ld CIT(A) also confirmed the order passed by the AO. The Ld CIT(A) also upheld the validity of reopening of assessment. Aggrieved b....

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....ceipts, it was submitted that various assessee filed writ petitions before the Hon'ble High Court of Kerala challenging the retrospective amendments referred supra. Since many appeals/writ petitions were filed before various High Courts on the very same issue, the Hon'ble Supreme Court clubbed all those appeals and writ petitions that were pending before various High Courts and posted them before ....

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....ed issue in accordance with the decision rendered by the Hon'ble High Court of Gujarat, referred supra. The Ld. DR further submitted that the issue of taxability of DEPB credits has since been settled by the Hon'ble Apex Court in the case of Topman Exports (342 ITR 49) and also in the case of Vikas Kalra Vs. CIT (2012)(345 ITR 557) and accordingly submitted that the Assessing Officer may be direct....