1991 (1) TMI 212

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....eal No. 135/Hyd/88 has been preferred by the assessee against the order of the Commissioner under s. 263 of IT Act. The Commissioner examined the records of the assessee-company and came to the conclusion that the additional Deduction under s. 80HHC(1)(b) of the IT Act was wrongly allowed by the Assessing Officer to the assessee. The Commissioner was, therefore, of the view that the order of Asses....

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....uction on incremental turnover of exports under s. 80HHC(1)(b) of IT Act. He submits that the order passed by the ITO was in accordance with law and as per the provisions of s. 80HHC(1)(b) of IT Act, the assessee was entitled to the additional Deduction on the incremental turnover of exports. He further urges that the CIT was not justified in holding that for entitling the appellant to claim addit....

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.... in the case of the assessee. In this connection, he relies on the decision of the Tribunal. Madras Bench 'C' in the case of N.B. Nbdul Gafoor vs. ITO (1989) 29 ITD 277 (Mad). 4. On the other hand, the learned Departmental Representative draws our attention to the order of the Commr. In which it has been observed on page 2 of his order as follows: "It may be seen from the above that though t....

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....l submissions. The plain reading of s. 80HHC makes it clear that it has nowhere been laid down that the assessee should export the same goods to get the deduction on the incremental turnover. The words "such goods" do not mean that the assessee has to export the same goods. In this regard we are supported by the decision of the Tribunal reported in N.B. Abdul Gafoor. In the said decision, it has b....