2013 (12) TMI 841

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.... JUDGMENT (Per : Honourable Mr. Justice M. R. Shah) 1. Being aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT') dated 06/06/2008 in ITA No. 2997/Ahd/2004 for the Assessment Year 2001-02, the revenue has preferred the present Tax Appeal. 2. While admitting the present Tax Appeal, the Division Bench....

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....nd considering the ratio laid down by Hon'ble the Supreme Court in the case of Liberty India (Supra) to the facts of the present case, the ITAT has materially erred in holding that the export benefit adjustment amounting to Rs.1,79,05,996/- should be included while computing deduction under Section 80IA of the Income Tax Act. 6. Under the circumstances and applying the ratio/law laid down by Ho....