2022 (10) TMI 1105

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....he Act] for A.Y. 2008-09.The impugned order was emanated from the order of the ld. Addl. Commissioner of Income Tax, Range-II, Bathinda, (in brevity the AO) order passed u/s 143 (3) of the Act date of order 23.12.2010. The said appeal is recalled by the order of the Miscellaneous Application No. 46/Asr/2019 date of order 12.09.2022.The assessee took the following grounds after considering the order of the Miscellaneous Application: "3. That the facts & in the circumstances of the case, Ld. Commissioner of Income Tax (Appeals), Bhatinda erred in not adjudicating the following grounds of appeals: - (a) That the payments of Rs. 180817/- to M/s Gopi Chand Parma Nand Ahuja a handling agent, does not fall within the preview of s....

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....er of Income Tax (Appeals), Bhatinda erred in not confirming the computation of income derived from individual undertaking at Ra. 6541057/- after acceptance of duty draw back receipt as income from trading activity embedded in cotton export account. 6. That the humble appellant prays for permission to add or amend any ground of appeal before disposal of the appeal." During appeal proceeding the ld. Counsel for the assessee had not pressed the ground no. 3 and 4. Only the ld. Counsel had challenged the ground no. 5. Ground no. 6 is general in nature. 2. The brief fact of the case is that the assessee has filed the appeal against the order of the ld. CIT(A) before the ITAT. The ITAT has passed the order of exparte bearing ITA N....

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.... the eligible deduction u/s 80IB is 65,41,057/- and 30% of the claim is allowed i.e. worked out amount of Rs.19,62,016/-. 5. The ld. Sr. DR argued and relied on the order of the ld. CIT(A) in para 10 which is extracted as below: "10. Another issue which deserves attention here is that the appellant seeks to negate the effect of exclusion of "other income" by claiming deduction of proportionate expenses attributable to trade from the excluded "other income" to arrive at the eligible income for deduction. Though this issue has not been touched upon in the appellate order, it is held that it is material for arriving at the correct eligible income for deduction under section 80IB. The appellant's "other income" including the Duty Dr....