DHADDA EXPORTS Vs. I T O JAIPUR

JUDGEMENT

(1.) By way of this appeal, the assessee has assailed the judgment & order of the Income Tax Appellate Tribunal whereby the Tribunal has dismissed the appeal preferred by the assessee and reversed the finding of the CIT (Appeals).

(2.) Counsel for the appellant has contended that question of law which has been framed by this Court by its order dated 23.4.2003 reads as under:-

(3.) In view of the decision of the Hon'ble Supreme Court in case of ACG Associated Capsules Pvt Ltd. vs. Commissioner of Income Tax, Central IV, Mumbai reported in [2012] 18 taxmann.com 137 (SC); wherein the Supreme Court while considering Section 80HHC under paragraph 9, 10 & 11 held as under: