The Commissioner Of Income Tax & ... vs M/S Rati Enterprises
2011 Latest Caselaw 5902 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 32
 

 
Case :- INCOME TAX APPEAL No. - 596 of 2007
 

 
Petitioner :- The Commissioner Of Income Tax & Another
 
Respondent :- M/S Rati Enterprises
 
Petitioner Counsel :- A.N. Mahajan
 

 
Hon'ble Sunil Ambwani,J.

Hon'ble Naheed Ara Moonis,J.

Shri R.R. Agarwal has accepted notice on behalf of respondent-assessee.

This appeal is admitted on the following questions of law as follows:

"(1) Whether on the facts and in the circumstances of the case, the Tribunal is justified in law in setting aside the order passed u/s 263 of the Act by coming to the conclusion that the assessment order could not be termed as errorneous and prejudicial to the interest of the revenue within the meaning of Section 263 of the Act.

(2) Whether the deduction u/s 80-HHC of the Act is to be allowed from the export profit without reducing the amount of deduction allowed u/s 80-IA of the Act.

(3) Whether the receipt on sale of 'Leather waste', 'pattern designing development,' 'sample' and 'job charge' in Indian currency should be included in the total export turnover as well as in the total turnover for allowing deduction under Section 80-IA as well as under Section 80-HHC as per provisions of Section 80-IA (9A) of the Act"

Connect with Income Tax Appeal No. 70 of 2008.

Order Date :- 17.11.2011

RKP