The Commissioner Of Income Tax,Tiruchirapalli v. M/S.atlantic Fabrics, Karur

In the High Court of Judicature at Madras Coram : The Honourable Mr.Justice T.S.SIVAGNANAM and The Honourable Mrs.Justice V.BHAVANI SUBBAROYAN Tax Case Appeal Nos.112 to 114 of 2010 The Commissioner of Income Tax,Tiruchirapalli ...Appellant Vs M/s.Atlantic Fabrics, Karur....Respondent APPEALS under Section 260A of the Income Tax Act, 1961against the common order dated 21.4.2009 made in ITA.Nos.1581 to1583/Mds/2008 on the file of the Income Tax Appellate Tribunal,Chennai Bench 'C' respectively for the assessment years from2000-01 to 2002-03 arising upon the order ITA.Nos.194/07.08,195/07-08 & 196/07-08, respectively dated 27/06/2008, on thefile of the commissioner of Income Tax (Appeals) Tiruchirapalli,arising against the Asessement order for the year 2000-01,2001-02, 2002-03, respectively dated:11/12/2017 by the DeputyCommissioner of Income Tax, Tiruchirappalli. For Appellant : Mr.T.Ravikumar,Senior standing counselFor Respondent : Mr.M.P.Senthilkumar COMMON JUDGMENT(Judgment was delivered by T.S.SIVAGNANAM,J)We have heard the learned counsel on either side. 2. These appeals by the Revenue have been directed againstthe common order passed by the Income Tax Appellate Tribunaldated 21.4.2009. https://hcservices.ecourts.gov.in/hcservices/ 3. These appeals have been admitted on 29.3.2010 on thefollowing substantials question of law : “i. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in holding that theassessee, a supporting manufacturer, wasentitled to deduction under Section 80HHC inrespect of the DEPB and duty drawback andsimilar incentives disclaimed in its favourby the exporter ?ii. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in holding that theassessee, a supporting manufacturer, wasentitled to deduction under Section 80HHC inrespect of the DEPB and duty drawbackdisclaimed in its favour by the exporterwithout taking note of the Third Proviso toSub-Section (3) of Section 80HHC and thedifference between the provisions of Sub-Sections (3) and (3A) of Section 80HHC?iii. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal had any material to come to theconclusion that the DEPB and duty drawbacketc. benefits received by the assessee byvirtue of disclaimer issued by the exporterin its favour should be regarded as part ofsale consideration when such benefits couldnot be treated as export benefits underSection 28(iiia) etc. ? And iv. Whether, on the facts and in thecircumstances of the case, the AppellateTribunal was right in holding that thedecision of the Supreme Court in the case ofCommissioner of Income Tax Vs. Baby MarineExports (290 ITR 323) was applicable to theassessee's case without noticing that thesaid case related to export premium whereasin the assessee's case, the issue related toDEPB/duty drawback, etc. disclaimed in itsfavour by the exporter?” 4. The learned Senior Standing Counsel for the appellant hasproduced a communication dated 26.7.2018 sent by the Income TaxOfficer (OSD), office of the Principal Commissioner of IncomeTax, Chennai-1, Chennai-34, in and by which, he has beeninstructed to withdraw the above appeals based on the Board's https://hcservices.ecourts.gov.in/hcservices/ monetary policy circular. He would state that on account of themonetary limits involved in the respective appeals, which arelesser than the threshold fixed by the Board's circular dated11.7.2018, he may be permitted to withdraw the appeals. 5. The letter produced by the learned Senior StandingCounsel for the Revenue dated 26.7.2018 is placed on record.These tax case appeals are dismissed as withdrawn and thesubstantial questions of law framed for consideration in theseappeals are left open. No costs. https://hcservices.ecourts.gov.in/hcservices/ monetary policy circular. He would state that on account of themonetary limits involved in the respective appeals, which arelesser than the threshold fixed by the Board's circular dated11.7.2018, he may be permitted to withdraw the appeals. 5. The letter produced by the learned Senior StandingCounsel for the Revenue dated 26.7.2018 is placed on record.These tax case appeals are dismissed as withdrawn and thesubstantial questions of law framed for consideration in theseappeals are left open. No costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant RegistrarTo1.The Income Tax Appellate Tribunal, Chennai Bench 'C'.2.The Commissioner of Income Tax, Tiruchirappali+1cc to Mr.T.Ravi Kumar, Advocate, S.R.No.63153+1cc to Mr.N.Quadir Hoseyn, Advocate, S.R.No.63189TCA.Nos.112 to 114 of 2010RSK(CO)GSP(08/10/2018)