DABUR INDIA LIMITED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) THIS is an appeal under Section 260A of the Income Tax Act, 1961 (hereinafter referred to as the Act) against the judgment dated 31.1.2007 passed by the Income Tax Appellate Tribunal (hereinafter referred to in short as the ITAT) in ITA No. 1063/Del/2004.

(2.) BEFORE we consider the submissions made in support of the Appeal the following facts require to be noted:

(3.) BEING aggrieved, the assessee preferred an Appeal to the Commissioner of Income Tax (Appeals) [(hereinafter referred to as CIT (A)]. The CIT (A) by his order dated 8.12.2003 allowed the Appeal and directed the Assessing Officer to re -compute the deductions under Section 80IB and 80HHC after withdrawing the depreciation quantified at Rs 11,41,47,451/ -. The CIT (A) based his order on the decision of his predecessors in earlier assessment years i.e assessment years 1997 -98, 1998 -99 and 1999 -2000.