LAWS(KAR)-2012-6-127

COMMISSIONER OF INCOME-TAX Vs. RESONACE LABORATORIES

Decided On June 06, 2012
COMMISSIONER OF INCOME-TAX Appellant
V/S
RESONACE LABORATORIES Respondents

JUDGEMENT

(1.) THESE four appeals by the revenue relate to the assessment years 1999-2000, 1997-98, 2000-01 and 2001-02 respectively and arise out of the assessment orders passed in respect of the same assessee, which had reached the tribunal and in terms of the orders questioned in each of these appeals, the tribunal had allowed the appeals of the assessee on the question of manner of computation of the amount characterized as profits earned from export business of the assessee, which amount qualifies for deduction in terms of Section 80HHC of the Income Tax Act, 1961 [for short, the Act].

(2.) ALL these appeals had been admitted to examine the following questions of law as arising from out of the orders of the tribunal:

(3.) WE find even in terms of Section 80HHC of the Act for determination of the profits earned from export business, the provisions of Section 41(1) of the Act has no direct bearing or linking and therefore re-frame the question as common question in all these appeals, as under: