COMMISSIONER OF INCOME TAX Vs. BANARAS HOUSE LIMITED

JUDGEMENT

(1.) BY this petition under S. 256(2) of the INCOME TAX ACT, 1961, the Revenue seeks a mandamus to the Tribunal for drawing up a statement of case and referring the following question of law arising out of the asst. yrs. 1986 -87 and 1987 -88 for the opinion of the High Court :

(2.) THE assessee claimed deduction under S. 80HHC of the Act. The Dy. CIT, Range -VI, who was the assessing authority disallowed the claim for deduction on the following reasoning as set out in the order of assessment:

(3.) FEELING aggrieved by the appellate orders the Revenue went in appeal to the Tribunal. The appeals have been dismissed by a common order dt. 28th Oct., 1994. A perusal of the order of the Tribunal shows that before the Tribunal the learned Departmental Representative simply relied on the orders of the AO in support of his submission that the same should not have been reversed in appeal in so far as it related to S. 80HHC. The controversy before the Tribunal centred around s. 80HHC(3)(b). The order of the Tribunal shows that the arguments advanced by either party were at interpreting the expression "total turnover" as used in S. 80HHC(3)(b) -whether the said expression included only the turnover of exports or included the domestic turnover as well. The Tribunal upheld the interpretation as placed by the CIT(A) relying on a Special Bench decision of its own in some other matter.