2017 (12) TMI 1621

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..... the negative, i.e. in favour of the Assessee and against the Revenue. Unutilized MODVAT credit for earlier years adjusted in assessment years - whether should be treated as actual payment of the excise duty under Section 43B - Held that:- Question 2 is answered in the negative, i.e. in favour of the Revenue and against the Assessee. Excess consumption of raw materials and components shown by the A .....

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..... , Ms. Roopali Gupta and Mr. Bhupesh Pathak, Advocates. JUDGMENT Dr. S. Muralidhar, J.: 1. This is an appeal by the Revenue against the impugned order dated 30th June 2008 passed by the Income Tax Appellate Tribunal ('ITAT') in ITA No.2696/Del/2007 for the AY 2004-05. 2. While admitting this appeal on 28th January 2010, the following questions of law were framed for consideration: 1. Whether .....

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..... eduction allowable under Section 80-IB from the profits of business for the purpose of computing deduction under Section 80HHC? 3. In view of the decision of this Court rendered today in ITA No. 250 of 2005: (a) Question 1 is answered in the negative, i.e. in favour of the Assessee and against the Revenue. (b) Question 2 is answered in the negative, i.e. in favour of the Revenue and against the .....

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