TMI Blog2005 (12) TMI 72X X X X Extracts X X X X X X X X Extracts X X X X ..... lowance should be computed at Rs. 94,510 instead of Rs. 12,100? 2. Whether, the Tribunal is right in holding that in working out the export development allowance under section 80HHC, the Assessing Officer was not right in taking into consideration the loss of some of the units of the assessee?" - in the absence of any infirmity in the impugned order of the Tribunal, both the questions are answered ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Rs. 12,100? 2. Whether, the Tribunal is right in holding that in working out the export development allowance under section 80HHC, the Assessing Officer was not right in taking into consideration the loss of some of the units of the assessee?" The assessment year is 1986-87 and the relevant accounting period is the calendar year 1985. The assessee-company claimed under section 80HHC of the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... statute book in the relevant assessment year, he raised an alternative contention on the basis of the provisions of section 80HHC(3)(b) of the Act to submit that for the purpose of ascertaining whether the amount of relief had been rightly computed or not, the matter may be sent back. Though served, there is no appearance on behalf of the respondent-assessee. As can be seen from the impugned o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... matter of fact, that the assessee's claim was based on these parameters and hence, it has found that the working adopted by the assessee was quite correct. It has further been found by the Tribunal that the departmental representative had nothing to state except relying on the orders of the lower authorities. In this fact scenario, it is apparent that the Tribunal has not committed any error in ..... X X X X Extracts X X X X X X X X Extracts X X X X
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