I.P.BANSAL, RAJENDRA
Clariant Chemicals (India) Ltd. – Appellant
Versus
Joint Commissioner of Income-tax (OSD), Range 1(1) – Respondent
I.P. Bansal, Judicial Member :- These are cross appeals and they are directed against order of Ld. CIT(A)-15, Mumbai dated 12/1/2011 for assessment year 2003-04. The grounds of appeal raised by assessee as well as revenue read as under:
Grounds of appeal in ITA No.2393/Mum/201 1(Assessee's appeal):
'On the facts and in the circumstances of the case and in law, the learned Commissioner of Income-tax (Appeals) has erred in confirming the action of Jt. Commissioner of Income-tax in reducing deduction admissible under section 80HHC of the Act on account of following
(i) Reducing 90% of the following income in computing the adjusted profits of the business:
(a) Interest received of Rs. 19,79,277 without netting of the same against the interest paid amounting to Rs.4,06,17,5821- ; and
(b) Duly entitlement pass book receipts of Rs.4,93,68,1361-.
2. On the facts and in the circumstances of the case and in law, the learned Commissioner of Income Tax (Appeals) has erred in confirming the action of Jt. Commissioner of Income Tax I AO/TPO in making adjustment by applying CUP method in case of exports of manufactured goods on account of following:
(i) Applied Comparable Uncontrolled Price ("CUP")
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