Itxa/1639/2012 Of Commissioner Of Income Tax-20 v. M/S Systematic Exports

sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1639 OF 2012 The Commissioner of Income Tax-20, Mumbai ..Appellant. V/s. M/s. Systematic Exports ..Respondent. Mr. Abhay Ahuja for the appellant. Mr. B.G. Yewale with Sanjiv M. Shah for the respondent. CORAM : J.P. DEVADHAR AND M.S. SANKLECHA, JJ. DATED : 21ST JANUARY, 2013 P.C. :- 1.In this appeal filed by the revenue relating to assessment year 2001-02, the following questions of law has been proposed to be raised for our consideration:- “ Whether on the facts and in the circumstances of the case, the Tribunal was correct in law in allowing the appeal by holding that the assessee is eligible for deduction for both Section 80IB and 80HHC, disregarding the fact that by virtue of section 80IA(9A) 2.Since the Tribunal has followed the decision of this Court in the matter of Associated Capsules (P) Ltd. V/s. DCIT & Anr. reported in 332 ITR 42, while restoring the matter to the Assessing Officer, we see no reason to entertain the proposed question of law. Accordingly, the appeal is dismissed with no order as to costs. (M.S. SANKLECHA, J.) (J.P. DEVADHAR, J.)