Commissioner Of Income Tax,Central-Iii, Mumbai v. M/S. Indoco Remedies Ltd

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.2032 OF 2011 Commissioner of Income Tax,Central-III, Mumbai. ..Appellant. Vs. M/s. Indoco Remedies Ltd., ..Respondent. .... Mr. Vimal Gupta, for the Appellant. Mr. Jitendra Jain i/b. Kanga & Co. for the Respondent. .... P.C. CORAM : J. P. DEVADHAR & A.R. JOSHI, JJ. DATED : 12th JANUARY, 2012. 1. Following question of law is raised by the Revenue in this Appeal. “Whether on the facts and in the circumstance of the case, the Tribunal was justified in law in restoring and directing the AO to decide the issue with regard to allowing deduction u/s. 80HHC in respect of exchange gain of Rs.63.92 lac; ignoring the decision of this Court in the case of CIT Vs. Shah Originals in ITA No.431 of 2008, wherein, the Court has held that foreign exchange fluctuation gain is not profit derived from export and accordingly, the same cannot be taken into consideration while computing deduction u/s. 80HHC? 2.Since the ITAT has restored the issue for fresh decision in the light of the judgment of this Court in the case of CIT vs. Shah Originals reported in 327 ITR 19, we are not inclined to entertain this Appeal. However, it is made clear that the Assessing Officer while giving effect to the order of the ITAT shall take into consideration any other judgments cited by either party. The appeal is disposed of accordingly. (A. R. JOSHI, J.) (J. P. DEVADHAR,J.)