2015 (1) TMI 427

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..... Supra), wherein, the Kerala High Court laid down that the service charge is a part of the price for sale of the merchandise and that it is neither brokerage, commission, interest charges or collection or any amount of similar nature and on the basis of the same, CIT(A) and the Tribunal held that the 90 per cent of the export premium cannot be deducted while computing the deduction u/s.80HHC of the Act. - High Court of Kerala has now been confirmed by the Apex Court vide its decision in "CIT VS. BABY MARINE EXPORTS" (Supra), wherein, the Apex Court has held that according to Section 80HHC(1), the export house in computing its total income is entitled to deduction to the extent of the profit derived by the assessee from the export of the good .....

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..... sessment proceedings, the concerned AO made certain additions / disallowances to the income of the assessee, herein. Being aggrieved with the same, the assessee approached the learned CIT(A) by filing separate appeals for the respective assessment years and the CIT(A) allowed both the appeals filed by the assessee. The Revenue, hence, carried the matter before the Tribunal, wherein, the Tribunal passed the impugned order, dismissing both the appeals filed by the Revenue. Hence, the present appeals. 4. At the time of admitting these appeals, this Court framed the following common question of law; Whether in the facts and circumstances of the case, the Appellate Tribunal was right in law in allowing claims for deduction .....

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..... refore, submitted that present appeals be allowed. 8. On the other hand, Mr. Patel, learned Advocate for the common assessee in both the appeals, supported the orders of the CIT(A) as well as the Tribunal and submitted that there being concurrent findings in favour of the assessee, present appeals be dismissed. He, further, submitted that even otherwise, in view of the fact that the view taken by the Kerala High Court in BABY MARINE EXPORTS VS. ACIT (Supra) has now been confirmed by the Apex Court in CIT VS. BABY MARINE EXPORTS , [2007] 160 Taxmann 160 (SC), and therefore, these appeals deserve dismissal. 9. Heard learned Counsels for the parties and perused the material on record as well as the orders passed by the CIT(A) and the .....

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