The Commissioner Of Income Tax vs M/S.Abad Fisheries on 31 March, 2008

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

ITA.No. 310 of 2002()


1. THE COMMISSIONER OF INCOME TAX,
                      ...  Petitioner

                        Vs



1. M/S.ABAD FISHERIES, COCHIN - 02
                       ...       Respondent

                For Petitioner  :SRI.GEORGE K. GEORGE, SC FOR IT

                For Respondent  :SRI.P.BALAKRISHNAN (E)

The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :31/03/2008

 O R D E R
                        C.N.RAMACHANDRAN NAIR &
                       T.R.RAMACHANDRAN NAIR, JJ.
                   ....................................................................
                             I.T. Appeal No.310 of 2002
                   ....................................................................
                    Dated this the 31st day of March, 2008.

                                          JUDGMENT

C.N.Ramachandran Nair, J.

The qeustion raised is whether export sales in respect of which sale

proceeds were not received by the assessee could be treated as export

turnover and total turnover for the purpose of computation of relief under

Section 80 HHC of the Income Tax Act. The contention of the Revenue is

that if the turnover of such sales is to be excluded from total turnover, the

same should be excluded from export turnover and total profit or otherwise,

the relief will be distorted one. We do not think there is any need to go into

this question because the very same issue in assessee’s own case for the

immediately preceding year was decided by this court in COMMISSIONER

OF INCOME TAX V. ABAD FISHERIES (2002) 258 ITR 641. We,

therefore, dispose of this appeal directing the Assessing Officer to compute

relief under Section 80 HHC as was done for earlier year based on the

decision of the Division Bench referred to above for this year also.

C.N.RAMACHANDRAN NAIR
Judge

T.R.RAMACHANDRAN NAIR
Judge