(1.) BY this petition under Section 256(2) of the Income -tax Act, 1961, the Revenue seeks a mandamus to the Tribunal to draw up a statement of case and refer the following questions of law for the opinion of the High Court :
(2.) THE assessment years involved are 1986 -87, 1987 -88 and 1988 -89. The assessee -company is dealing in export garments and is also earning income from commission by transferring the export orders to other Indian exporters. The assessed claimed exemption under Section 80HHC on the figure of income earned by exporting garments wherein was included the commission income earned from other local exporters as above said. The Assessing Officer held that the commission income was not eligible for deduction under Section 80HHC. In his opinion, the profits eligible for deduction were the profits earned from the export of goods and merchandise out of India while the commission income could not be said to be part of the exports.
(3.) THE matter went in appeal to the Income -tax Appellate Tribunal. The Income -tax Appellate Tribunal formed an opinion that the view of the law taken by the Special Bench of the Tribunal in the case of International Research Park Lab Ltd. v. Asst. CIT 60 ITD 37, was relevant and governed the issue. The Special Bench view, as quoted in the order of the Tribunal was as under :