COMMISSIONER OF INCOME TAX Vs. RAMESHCHANDRA S PATEL

JUDGEMENT

(1.) BEING aggrieved and dissatisfied with the impugned judgment and order passed by the Income Tax Appellate Tribunal (hereinafter referred to as 'ITAT') dated 16/08/2005 in ITA No. 2162/Ahd/1999 for the Assessment Year 1995 -96, the revenue has preferred the present Tax Appeal.

(2.) WHILE admitting the present Tax Appeal, the following substantial questions of law are framed;

(3.) HAVING heard Ms. Paurami Sheth, learned Counsel appearing on behalf of the appellant -revenue and Shri S.N. Soparkar, learned Counsel appearing on behalf of the opponent -assessee, it appears that the substantial question of law no. (A), "whether the appellate tribunal is right in law and on facts in confirming the order passed by the CIT(A) holding that excise duty and sales -tax receipts are not to be considered in the total turnover for the purpose of working out deduction under Section 80HHC of the Act", is squarely covered by the decision of the Hon'ble Supreme Court in the case of Commissioner of Income -tax Vs. Lakshmi Machine Works, 2007 290 ITR 667 against the revenue. The aforesaid is not disputed by Ms. Sheth, learned Counsel appearing on behalf of the revenue. Applying the ratio laid down by Hon'ble the Supreme Court in the case of Lakshmi Machine Works , question no. (A) is answered against the revenue.