LAWS(APH)-2001-9-46

COMMISSIONER OF INCOME TAX Vs. NAVABHARAT ENTERPRISES

Decided On September 24, 2001
COMMISSIONER OF INCOME-TAX Appellant
V/S
NAVABHARAT ENTERPRISES Respondents

JUDGEMENT

(1.) THE following questions have been referred to this court for opinion by the Income-tax Appellate Tribunal, Hyderabad Bench "B" (for short "the Tribunal") :

(2.) THE assessee-company filed a return for the assessment year 1983-84 declaring nil income. THE assessment was completed by the Income-tax Officer on March 26, 1986, on a total income of Rs. 23,27,310. THE Commissioner of Income-tax revised the said order under Section 263 of the Income-tax Act after forming an opinion that the assessment order for the assessment year 1983-84 was erroneous and it was prejudicial to the interests of the Revenue on the ground that the assessee-company was not entitled to additional deduction under Section 80HHC(1)(b) of the Income-tax Act, 1961 (for short "the Act"). THE Commissioner of Income-tax opined that though the words used are "such goods" in both the limbs of Clause (b) of Sub-section (1), the repetition of the same words is indicative of the fact that the goods exported in both the years must be the same for entitling the assessee-company to claim extra deduction on account of the incremental turnover.

(3.) WE are in respectful agreement with the view taken by the Calcutta High Court in the above judgment.