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TMI Blog2014 (4) TMI 168X X X X Extracts X X X X X X X X Extracts X X X X ..... kil Kureshi) 1. While admitting Tax Appeal on 29.6.2010 following substantial question of law was framed:- "Whether the Appellate Tribunal is right in law and on facts in directing the Assessing Officer to exclude the excise duty and sales tax for computing the deduction u/s. 80HHC of the Act, despite insertion of section 145A of the Act?" 2. Thereafter pursuant to the order of the Supreme Cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in foreign exchange irrespective of the fact whether the trade agreement exists or not?" 3. All three questions of law are covered by different decisions of this Court. Insofar as the first question is concerned, the same is covered in favour of the assessee by virtue of the judgment of this Court in Tax Appeal No.884 of 2006 and connected appeals dated 3.12.2013 in the case of Commissioner of I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uestion is accordingly answered against the Revenue. 5. Second additional question pertains to the deduction under section 80HHC of the Act relating to foreign exchange fluctuation gain, which came up for consideration before this Court in the case of Commissioner of Income Tax-III vs. M/s. Priyanka Gems in judgment dated 12.3.2014 passed in Tax Appeal No.1468 of 2006 and connected appeals, issue ..... X X X X Extracts X X X X X X X X Extracts X X X X
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