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TMI Blog2018 (3) TMI 1976X X X X Extracts X X X X X X X X Extracts X X X X ..... tion and to operationalise the exemption give by the notifications. The Central Excise duty refund does not appear to bear the character of income since what is refunded to the assessee is the amount paid under the modalities provided by the Department of Revenue for giving effect to the exemption notifications. There is also nothing to suggest that the assessee has recovered or passed on the exci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r S.S. Viswanethra Ravi, JM This appeal by the revenue against the order dated 29.07.2016 passed by the CIT(A) 1, Kolkata for assessment year 2011-12. 2. The only issue is to be decided as to whether the CIT(A) is justified in allowing the deduction u/s 80IC of the Act in the facts and circumstances of the case. 3. The ld. DR relied on the order of AO. 4. The learned AR submits tha ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ow: 8. The next issue in this appeal of assessee is against the order of CIT(A) directing the Assessing Officer to exclude excise duty refund from business income of the assessee while allowing the deduction u/s 80IC of the Act by treating the same as income from other sources. 9. We have heard the rival submissions and gone through facts and circumstances of the case. We find that the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fect to the exemption and to operationalise the exemption give by the notifications. In that sense, the Central Excise duty refund does not appear to bear the character of income since what is refunded to the assessee is the amount paid under the modalities provided by the Department of Revenue for giving effect to the exemption notifications. There is also nothing to suggest that the assessee has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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