2013 (6) TMI 335

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....lf during earlier year"? 3. Learned counsel for appellant submitted that present case relates to Assessment Year 2004-05. In the case of present assessee/appellant for the Assessment Year 2003-04, the Income Tax Appellate Tribunal took a view that assessee is entitled for deduction under Section 80HHC of the Income Tax Act for export of marble blocks, which are cut and polished, whereas in the present case, the Tribunal took a contrary view and declined deduction, therefore, this appeal was admitted on the above mentioned question of law. He further submitted that the Department preferred D.B. Income Tax Appeal No. 39/2008, Commissioner of Income Tax, Udaipur vs. M/s. Galaxy Exports, against order of Income Tax Appellate Tribunal, in res....

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....der Section 80HHC of the Act for Export of Marble Blocks, which are cut and polished. So far as facts of the case are concerned, there is no dispute between parties that there was export of Marble Blocks, which are cut and polished in the Assessment Years 2003-04 and 2004-05. The Income Tax Appellate Tribunal in the case of assessee itself relating to the Assessment Year 2003- 04 took a view that assessee is entitled for deduction under Section 80HHC of the Act, whereas in the Assessment Year 2004-05 took a contrary view and held that assessee is not entitled for deduction under Section 80HHC. The decision of Tribunal rendered in the Assessment Year 2003-04 was challenged before this Court by Revenue and Income Tax Appeal No.39/2008 file....

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....e referred judgment dated 20th February, 2013 are reproduced, as under :- "22. In the present case, finding of the learned Tribunal is in favour of assessee-respondents and it has been categorically held that the assesseerespondents are eligible for deduction under s.80HHC of the Act for export of marble blocks, which were cut and polished. These findings are, indisputably, binding on this Court in view of law laid down by Hon'ble Supreme Court in the case of Sudarshan Silks & Sarees (supra). The appellant-Revenue has also not controverted that the findings arrived at by the learned Tribunal on facts are not correct or are perverse. Therefore, the findings of facts arrived at by the learned Tribunal need not be gone into by us. 23. Th....