TMI Blog2010 (9) TMI 1199X X X X Extracts X X X X X X X X Extracts X X X X ..... for short, the Act ) against the order dated 12.10.2009 of the Income Tax Appellate Tribunal, Amritsar in I.T.A. No.136(ASR)/2009 for the assessment year 2003-04 proposing to raise following substantial questions of law:- (i) Whether on the facts and circumstances of the case, the ITAT was right in not holding that total sale consideration inclusive of face value of DEPB and premium amount rec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue of DEPB from sale price of DEPB for calculating profit under Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961 as if the face value is the cost incurred by the assessee to acquire the DEPB? (v) Whether on the facts and circumstances of the case, the ITAT was right in law in holding that the word profit referred to in Sections 28(iiid) and 28(iiie) of the Income Tax Act, 1961 require ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gh Court in CIT v. Kalpataru Colours Chemicals 2010 (42) DTR 193, the matter was remanded to the Tribunal for fresh decision in accordance with law. 3. Since we find that the matter is covered by earlier orders of this Court, we dispose of this appeal in same terms. For this purpose, we have not considered it necessary to issue notice to the respondent, but we give liberty to the respondent t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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