TaxTMI 
TaxTMI 
2014 (9) TMI 701
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....c oxide?. 2. The impugned order dated 20.11.2001 of the Income Tax Appellate Tribunal ("Tribunal" for short) was passed in ITA No. 5350/DEL/94. 3. We have heard the counsel for the appellant-Revenue, but, there is no appearance on behalf of the respondent-assessee. 4. The respondent assessee an individual in his return of income filed on 31.10.1991 declared taxable income of Rs. 20,000/- after claiming deduction of Rs. 45,51,898/- under Section 80HHC of the Income Tax Act, 1961 ("Act" for short) on account of export of Zinc Oxide. The Assessing Officer disallowed the deduction under Section 80HHC on export of Zinc Oxide on two grounds; (i) the export had been to Nepal and therefore, was not eligible under Section 80HHC of the Act and (ii....
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....e Act. At page 3 he has enumerated at Sl. No. 2 item zinc oxide, Bill No. 180 dated 18.2.1991, amount of Rs. 35,81,026/- date of realisation 21.9.1991 and amount realised Rs. 45,51,898/-. Against this order of the assessing officer, the assessee went in appeal before the CIT(A) who allowed the appeal of the assessee and directed the assessing officer to allow deduction under Section 80HHC of the ACT in respect of the items of export including zinc oxide at Sl. No. 2 in para 2 of the CIT(A)'s order. It has been argued by the learned DR that goods were exported via Nepal. The export goods first left from India to Nepal. Hence deduction under Section 80HHC is not available to the assessee and the CIT(A) has wrongly allowed the same. The assess....
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....year 1991-92 have been given regarding the same zinc oxide. At page 18 of the Paper Book is the copy of Shipping Bill for the goods Indian produce in which the consignee's name has been described as M/s. True Field Ltd., Hongkong. Photostat copy of the Bank Realisation Certificate has also been filed at page 20 of the Paper Book. Copies of purchase order and confirmation regarding receipt of goods in Hongkong have been filed at pages 29-30 of the Paper Book. The learned DR has relied on the Circular No. 575 dated 31.8.1990 in which it is contained that, "With a view to removing any doubts in this regard, it is reiterated that the expression "convertible foreign exchange" in the above mentioned provisions of the Income Tax Act, also includes....
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....estion of perversity stands framed while admitting the appeal. It is also not clear whether the aforesaid documents were not filed before the Assessing Officer, as is argued. The Assessing Officer had denied entire claim under Section 80HHC of the Act including claim on exports of Brass Artware and Readymade Garments and this factum has been adversely commented upon by the CIT(A), who has recorded that the documents and details have been filed before the Assessing Officer but were ignored and not adverted to. Hence, on the first stand, we are not inclined to interfere with the order passed by the Tribunal. 9. However, learned counsel for the appellant-Revenue is correct that the Tribunal in the impugned order, has not considered their cont....
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....eral in the pure form or was it a processed mineral or something else, is primarily a question of fact and this had to be decided and determined by the Tribunal. They are the final fact finding authority. We have already quoted paragraphs 3 and 4 of the order of the Tribunal. These are the only finding/discussion. The Tribunal, therefore, has not examined the aforesaid aspect though relevant and important to the issue in question. 11. We record that the counsel for the Revenue has relied upon the decision of the Supreme Court in Gem Granites Vs. Commissioner of Income-Tax, [2004] 271 ITR 322 and Stonecraft Enterprises Vs. Commissioner of Income Tax, [1999] 237 ITR 131 on the question of what would and should be considered to be a mineral, ....