The Commissioner Of Income Tax v. M/S. Burlingtons Of Bombay

sIN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICGTION INCOME TAX REFERENCE NO. 315 of 1995 The Commissioner of Income Tax vs. ... Applicant. M/s. Burlingtons of Bombay ..... Respondent Mr. Parag Vyas i/b. H. D. Rathod for Applicant. Mr. S. J. Mehta for Respondent CORAM: V. C. DAGAAND A. S. AGUIAR JJ. Date: 10[th] August, 2005. P. C. : 1. By this reference, arising out of I.T.A. No. 5611 /B/87, forAssessment Year 1984-85, under section 256(1) of the Income-tax Actthe Tribunal has referred the following question of law for opinion at theinstance of the Revenue: (1) Whether on the facts and in the circumstances of thecase and in law, the Income Tax Appellate Tribunal isjustified in holding that the assessee is entitled to getdeduction under section 80 HHC even in respect of thesales affected to foreigner across the counter in India onreceipt of foreign exchange currency, without taking intoconsideration the fact that the amendment by Finance(No.2) Act, 1991, was given retrospective effect from1.4.1986 only, in view of the difference terminology used in the section for the period from 1.4.1983 to 1.4.1986? 2. Both counsel appearing for the rival parties agree that the abovequestions have been covered by decision of the Apex Court in thecase of Commissioner of Income Tax vs. Silver Arts Palace,reported in [2003] 259 ITR page 684, In this view of the matterboth the questions referred to us is answered in the affirmative i.e. infavour of the assessee and against the Revenue. Referenceaccordingly disposed of with no order as to costs. (V. C. DAGA J. ) -x- (A. S. AGUIAR J.)