COMMISSIONER OF INCOME TAX Vs. ESQUIRE TRANSLAM INDUSTRIES

JUDGEMENT

(1.) In view of the common questions of law involved in both the appeals, they have been taken up together for disposal. T.C.(A) No. 546 of 2010 pertains to the assessment year 2001-2002 and T.C.(A) No. 547 of 2010 pertains to the assessment year 2005-2006 respectively.

(2.) The orders passed by the Assessing Authority holding that the goods manufactured by the assessees would not cover the entitlement of exemption under Section 80IB of the Income-tax Act, have been reversed by the Commissioner of Income Tax (Appeals). Challenging the same, the Revenue has filed a further appeal to the Tribunal and the Tribunal, in turn, has confirmed the said orders passed by the Commissioner of Income Tax (Appeals) and hence the present appeals.

(3.) The Revenue has filed these appeals by formulating the following substantial question of law: