2019 (12) TMI 217

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....q, Standing Counsel for the Respondent. JUDGMENT (Per M. S. Sonak, J.) 1. Heard Mr. A. F. Diniz, learned Counsel for the appellant and Ms. Amira Razaq, learned Standing Counsel for the Department.   2. This appeal was admitted on 05.09.2011 on the following substantial questions of law : (i) Whether on the facts and in law, the Tribunal was right in upholding the action of t....

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....the purpose of deduction under Section 80HHC? iii) Whether the Tribunal was right in law in holding that Clause (baa) of the Explanation below Section 80HCC, requires 90 % of the gross receipts instead of net receipts when the only controversy before it was the manner of computation of net receipts? iv) Whether on the facts and in law, the Tribunal was right in not permitting add....

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....l questions of law at (i) and (iii) are concerned, the same are covered by our separate judgments and orders dated 22.11.2019 passed in TXA No.21 of 2011 and TXA No.28 of 2011. For the reasoning recorded therein, we hold that the Tribunal was right in upholding the action of the Assessing Officer of deducting 90% of the income from truck hire charges, barge hire charges, ore processing receipts, t....