2015 (12) TMI 1678

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....the Revenue under Section 260A of the Income Tax Act, 1961 ('Act') is against the order dated 1st June 2015 passed by the Income Tax Appellate Tax ('ITAT') in ITA No. 3339/Del/2007 for the Assessment Year ('AY') 2003-04. 2. The Assessee is engaged in the business of "Export of Garments". A search was conducted on 15th January 2003 by the Department of Revenue Intelligence ('DRI'). The Revenue's....

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....ommissioner of Income Tax [(CIT (A)] by order dated 30th March 2007 rejected the plea of the Assessee that the assessment was invalid since no notice was served upon the Assessee during the period of twelve months of filing of return of income. However, on merits the CIT (A) allowed the Assessee's appeal and deleted the additions made by the AO. 5. An appeal was filed by the Revenue before ....

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.... a detailed examination of the material to return a finding that none of the additions were called for. The documents placed by the Assessee on record were held sufficient to demonstrate that the amount received by the Assessee was indeed towards the export sale proceeds and no bogus duty drawback was received by the Assessee. Therefore the duty drawback received could not be treated as the Assess....