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TMI Blog2010 (12) TMI 504X X X X Extracts X X X X X X X X Extracts X X X X ..... - - - Dated:- 16-12-2010 - MR.JUSTICE ADARSH KUMAR GOEL, MR.JUSTICE AJAY KUMAR MITTAL, JJ. Mr. Rajesh Katoch, Advocate for the appellant. A DARSH KUMAR GOEL, J ( Oral) . 1. This order will dispose of ITA Nos.630, 631, 632, 634, 635, 636, 637, 638, 640, 644, 647, 648, 649, 650, 653, 656 and 668 of 2010. 2. ITA No.630 of 2010 has been preferred by the revenue under Section 260A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le amount of consideration of DEPB that the assessee received is profit, because of the cost of same is Nil to the assessee? 3. Whether on the facts and circumstances of the case, the Hon'ble Income Tax Appellate Tribunal is justified in law in not holding that 90% of profit on transfer of export incentives is not to be increased while computing profits u/s 90HHC(3)(a) as the assessee failed t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t the word profit referred to in sections 28(iiid) and 28 (iiie) of the Income Tax Act, 1961 means the difference between the sale price of DEPB and the face value of DEPB ignoring the fact that the entire amount represents the profit in the hands of assessee? 7. Whether on the facts and circumstances of the case, the ITAT is right in law in deducting the face value of DEPB from sale price o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt made by the Taxation Laws (Amendment) Act, 2005 with retrospective effect from 1.4.1998? 10. Whether on the facts and in law, the Hon'ble Income Tax Appellate Tribunal was justified in setting aside the issue to the file of the Assessing Officer for re-adjudication with the directions to the Assessing Officer to decide the issue keeping in mind the decision of the Special Bench in the case ..... X X X X Extracts X X X X X X X X Extracts X X X X
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