2010 (8) TMI 101

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...., Standing Counsel for Mr. Dinesh Goyal, Standing Counsel for the respondent. ADARSH KUMAR GOEL, J. 1. Notice of motion. Mr. Rajesh Katoch, Advocate, present in Court, accepts notice on behalf of Mr. Dinesh Goyal, Standing Counsel for the revenue. 2. Delay condoned. Heard on merits. 3. This appeal has been preferred by the assessee under Section 260-A of the Income Tax Act, 1961 (for short, "t....

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....onditions laid down in third proviso to Section 80-HHC(3) have been fulfilled? (iv)       Whether the Ld. Commissioner was justified in invoking powers of Section 263 for revision of the Assessment order on a debatable question?" 4. The Assessing Officer allowed benefit of Section 80HHC of the Act in respect of export income but the Commissioner exercising power und....

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....ms of the afore-stated proviso cannot be said to be appropriate. The Commissioner in para 11.2 of his order has concluded that there is no material or evidence led by the assessee to demonstrate as to how the conditions prescribed in clause (a) and (b) of the proviso are satisfied. Before us also, on this issue, no material has been led which would enable us to infer differently than the Commissio....

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....e assessee has necessary and sufficient evidence to prove that,— (a)        he had an option to choose either the duty drawback or the Duty Entitlement Pass Book Scheme, being the Duty Remission Scheme; and (b)        the rate of drawback credit attributable to the customs duty was higher than the rate of credit allowable u....