(1.) HEARD. The above appeal is preferred under Section 260-A of the Income Tax Act 1961 against the order of the Income Tax Appellate Tribunal Madras Bench "b" dated 26. 8. 2005 in i. T. A. No. 1846/mds/2000.
(2.) THE facts in brief are: THE assessee company is a company engaged in the manufacture and sale of cotton yarn. For the assessment year 1997-98, the assessing officer, recalculated the benefit under Section 80 HHC by including the excise duty and sales tax to the total turnover. Aggrieved by the said order, the assessee filed an appeal before the CIT (Appeals ). THE Commissioner of Income tax (Appeals ) , upheld the orders of the assessing officer and dismissed the appeal. Aggrieved by the same, the assessee preferred an appeal before the Income Tax Appellate Tribunal and the Appellate Tribunal held the issue in favour of the assessee.