MARITIME OVERSEAS Vs. COMMISSIONER OF INCOME TAX

JUDGEMENT

(1.) The subject matter of challenge in this appeal by the assessee is judgment and order dated June 10, 2003, by which the learned Tribunal disallowed deduction under section 80HHB of the Income-tax Act 1961, on the ground that the assessee could not file any evidence or document to show that there was any kind of project/contract with any foreign company except that he was engaged in supplying labourers on a particular project. Mr. Biswas, learned advocate appearing for the appellant-assessee, drew our attention to the finding recorded by the Commissioner of Income-tax (Appeals) which to be precise reads as follows:

(2.) Mr. Biswas submitted that the learned Tribunal in exercise of the appellate power was duty bound to demonstrate infirmity in the finding recorded by the Commissioner of Income-tax (Appeals), which the learned Tribunal did not do. The Tribunal by a cryptic order has disallowed the benefit capriciously rather than on the basis of any reason.

(3.) Mr. Nizumuddin, learned advocate for the Revenue, submitted that the expression "foreign project" has been defined in sub-section (2)(b) of section 80HHB of the Income-tax Act and the Tribunal was of the view that the assessee was not involved with any work in any foreign project.