LAWS(DLH)-2006-9-214

COMMISSIONER OF INCOME-TAX Vs. GENERAL SALES LTD

Decided On September 07, 2006
COMMISSIONER OF INCOME -TAX Appellant
V/S
General Sales Ltd Respondents

JUDGEMENT

(1.) THE Revenue is aggrieved by an order dated June 12, 2003 passed by the Income -tax Appellate Tribunal, Delhi Bench 'A' in I.T.A. No. 519/Del/97 relevant for the assessment year 1992 -93. Along with this appeal, the Tribunal also heard I.T.A. No. 2640/Del/1997 and disposed of both of them by a common order but we are concerned, for the present, with I.T.A. No. 519/Del/97.

(2.) THE only question that has arisen in this case is with regard to short deduction of the assessed's claim under Section 80HHC of the Income -tax Act.

(3.) IT appears that the turnover of the assessed was about Rs. 39 crores from exports and from local sales in its trading activity. The local sales from trading activity were to the extent of Rs. 5,000 only and the export turnover out of the total turnover was 99.98 per cent. Of course, this does not include the income that the assessed claimed from its other activities.