Perused Appeal.leave To Amend Substantial Question Of Law v. J.p.devadhar,J

bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.1507 OF 2009 Commissioner of Income Tax Vs.M/s.Raj Traders ..Appellant ..Respondent Mr.Yogesh Patki a/w. Mr.P.S.Sahadevan for appellant. None for respondent. CORAM :- V.C.DAGA &J.P.DEVADHAR,JJ. 16[th] NOVEMBER, 2009 DATE : P.C.1.Heard. Perused appeal.Leave to amend substantial question of law. 2.The question sought to be raised in the appeal relates to the computation of deduction u/s.80HHC(3)(b) of the Income Tax Act and as to whether there has to be an ad-hoc 10% reduction from the indirect costs so as to arrive at the indirect costs attributable to the trading exports? The Tribunal has relied on the judgment in the case of Surendra Engineering Corporation 86 ITD 121 (Mumbai)(S.B.). Learned Counsel for the Revenue brought to our notice the judgment of the Apex Court in the case of Hero Exports Vs. CIT (2007) 295 ITR 454 (SC) in which, the Apex Court has more or less took similar view for different reasons, however, at any rate the ultimate view taken by the Tribunal is sustainable. In this view of the matter, we see no substantial question of law in the appeal. The appeal is, therefore, dismissed with no order as to costs. (J.P.DEVADHAR,J.) (V.C.DAGA,J.)