2014 (1) TMI 1720

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....T(A), Jamnagar for the Assessment Year 1994-95. 2. The facts, in brief, are that on 31.03.2008 the Assessing Officer gave effect to the ITAT's order in ITA No.299 & 300/RJT/2005 dated 07.03.2007. In the said order the Assessing Officer repeated the same computation of income including computation of deduction u/s 80HHC(3) of the Income-tax Act which was made by him for the purpose of giving effec....

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.... to the order of the ITAT. 2. The CIT(A) has erred in law and on facts in not appreciating the fact that the AO had in fact given effect to the order of the ITAT after considering the judicial pronouncements in the decisions of the appellate authorities on which the ITAT had placed reliance. 3. That on the facts and in the circumstances of the case, the CIT(A) ought to have upheld the order of t....

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.... directions of ITAT in view, the AO should have examined the claim of the appellant pertaining to the 10% of Duty Draw Back as direct overhead expenses for earning such export incentives before ascertaining the total indirect cost attributable to the exports, in the light of decision of the Special Bench in the case of Surendra Engineering Corporation and Decision ITAT of Rajkot in the case of Ran....

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....O is silent on this issue. 8. Keeping the above lacuna in the order passed by the AO and the specific directions given by the ITAT on this issue, the AO is directed to comply with the ITAT's directions and pass a consequential order by addressing the above issue in speaking manner so as to give proper effect to the order of ITAT. 9. In the result the appeal stands allowed." From the perusal of t....