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TAXAP/1959/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
TAX
APPEAL No. 1959 of 2010
=========================================================
COMMISSIONER
OF INCOME TAX - Appellant(s)
Versus
M/S
RACHANA EXPORTS - Opponent(s)
=========================================================
Appearance
:
MRS
MAUNA M BHATT for
Appellant(s) : 1,
None for Opponent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE AKIL KURESHI
and
HONOURABLE
MS JUSTICE SONIA GOKANI
Date
: 14/11/2011
ORAL
ORDER
(Per
: HONOURABLE MS JUSTICE SONIA GOKANI)
Request
for placing annexures on record made by the Counsel for the Revenue
is permitted.
Following
question is proposed by the Revenue challenging the order of ITAT
dated 24.3.2010 :
“Whether
the Appellate Tribunal is right in law and on facts in allowing the
assessee’s appeals and deleting the addition in respect of claim of
Rs.1,03,93,647/- u/s 80HHC pertaining to DEPB relying on the
decision of Special Bench(Mumbai) in the case of Top man Exports vs.
ITO whereas the said decision has been reversed by the Hon’ble
Mumbai Hon’ble Court in the case of Kalpataru Colours and
Chemicals?”
Heard
learned senior counsel Shri Manish Bhatt for the Revenue and
examined the papers. It emerges that the Tribunal deleted the
addition in respect of claim made under Section 80HHC pertaining to
DEPB relying on decision of Special Bench of the Tribunal in case of
Topman Exports v. ITO (Mumbai), 318 ITR 87 (AT)(Mumbai). As
such decision has been reversed by Mumbai High Court in case of CIT
v. Kalpataru Colours and Chemmicals,
(2010) 328 ITR 451 (Bom.). This Court also in Tax Appeal No.507/2010
and connected matters vide order dated 10.8.2011 has followed the
view taken by Mumbai High Court. Therefore, notice for final
disposal is required to be issued in this matter to the respondent.
Issue
notice for final disposal, returnable on 12.12.2011.
Direct
service is permitted.
(Akil
Kureshi,J.)
(Ms.
Sonia Gokani,J.)
(raghu)
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