Ita/137/2012 Of Commissioner Of Income Tax, Gurgaon v. M/S Crew B.o.s. Products Ltd., New Delhi

IN THERE HIGH COURT OR PUNJAB AND HARYANA|AT CHANDIGARH ITA No. 137 of 2012 (O&M) Date of Decision: 11.05.2016 Commissioner of Income Tax (Central), Gurgaon ....... Appellant *"+%,% M/s Crew B.O.S. Products Ltd. ....Respondent CORAM: HON'BLE MR. JUSTICK RAJESH BINDALHON'BLE MR. JUSTICE HARINDER SINGH SIDHU Present:Mr. Rajesh Sethi, Advocate|for the appellant. RAJESH BINDAL,J. This appeal has been filed under Section 260 A of the Income Tax Act, 1961 (for short ‘the Act’), against the order dated31.10.2011 passed by the Income Tax Appellate Tribunal, Delhi Bench 'B'New Delhi, in ITA No. 4164/Del/2009, for the assessment year 2003-04,raising the following substantial question of law: Whether the learned below authorities erred ininterpreting the provisions of Section 80 HHC of theIncome Tax, 1961 (hereinafter referred to as the "Act")which do not debar the assessee for excluding the exportturm over and the total turnover of the 100% EOU unit inrespect of which income has been claimed as exemptedunder Section 10B of the Act while computing deductionunder Section 80 HHC of the Act? ITA No. 137 of 2012 (O&M) Learned counsel for the appellant-revenue submitted that inview oft circular No21/2015 dated 10.12.2015 read with circularNo.279/Misc/M-142/2007-ITJ (Part) dated 8.3.2016, issued by CentralBoard of Direct Taxes, he does not wish to press the present appeal, as thetax effect involved is less thanLy20 lacs. However, he prays that liberty begranted to the revenue to file an application for revival of the appeal in casesomething survives therein. Dismissed as not pressed with liberty as prayed for. It ishowever, clarified that withdrawal of the appeal by the revenue shall not betaken as affirmation of order of the Tribunal on merits. The legal issue asclaimed by the revenue is left open to be adjudicated in an appropriate case, (RAJESH BINDAL)JUDGE 11.05.2016T@eIN (HARINDER SINGH SIDHU)JUDGE