DUNCANS INDUSTRIES LIMTIED Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) This is an application for review of our order dated 12th August, 2011 by which we dismissed an appeal under Section 260A of the Income-tax Act, 1961 preferred by the applicant against an order dated June 23, 2004 passed by the Income-tax Appellate Tribunal, "C" Bench, Kolkata in Income-tax Appeal bearing ITA No.1220 (Cal) of 1997 for the Assessment Year 1991-92. In the said appeal, the following two questions arose for determination:

(2.) By relying upon the said decision, we overruled the contention of Dr. Pal, the learned Senior Advocate appearing on behalf of the appellant, that for the purpose of getting benefit of Section 80HHC of the Act, there may be separate calculation in respect of two different types of business of the assessee, because, in our opinion, without taking into consideration all the businesses of the assessee dealing with export, neither the export turnover nor the "positive profit" can be worked out.

(3.) Being dissatisfied, the assessee has come up with the present application for review.