2010 (2) TMI 1223

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....vita Bhatnagar, CIT (DR) O R D E R PER: C.L. SETHI, J.M. In the appeal, filed by the revenue against the order dated 01.10.2009 passed by the ld. CIT(A) in the matter of an assessment made u/s. 143(3)/147 of the Income Tax Act, 1961 ("the Act") for the A.Y. 2003-04, the only ground raised by the revenue as under:- "On the facts and the circumstances of the case, the Ld. CIT(A) wa....

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....dentical issue as under:- "2. In the course of hearing of this appeal, the ld. counsel for the assessee raised only one issue about the assessee's claim of deduction u/s. 80HHC with reference to DEPB receipt/duty drawback and premium on import licenses, and in this respect, he placed reliance upon the decision of Income Tax Appellate Tribunal, Special Bench, Mumbai, in the case of Topman ....

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....hile deciding the matter afresh. 5. In the result, the assessee's appeal is partly allowed for a statistical purpose." 6. Respectfully following our aforesaid order, we restore the issue back to the file of the AO for his fresh adjudication after providing opportunities of being heard to the assessee. The issue with regard to the validity of reassessment proceeding shall also be decide....