2014 (8) TMI 385

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....me Tax Act, 1961 (in short "the Act") against the order dated 12.8.2005 passed by the Income Tax Appellate Tribunal, Chandigarh Bench "A", Chandigarh (hereinafter referred to as "the Tribunal") in ITA No. 523/Chandi/2003 for the assessment year 2000-01. 2. This Court while admitting the appeal vide order dated 12.11.2009 had passed the following order:-  "Learned counsel for the revenue states that though three questions have been proposed in the appeal, question (i) may be covered by judgment of the Hon'ble Supreme Court in Hero Exports v. Commissioner of Income Tax (2007) 295 ITR 454 while question (ii) is covered against the revenue by judgment of the Hon'ble Supreme Court in Commissioner of Income Tax v. Lakshmi Machi....

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....be reduced from the profits of the business while calculating deduction under Section 80 HHC of the Act. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [in short "the CIT(A)"]who vide order dated 24.2.2003 (Annexure A-2) partly allowed the appeal directing the Assessing Officer not to include service charges as part of the total turnover and also not to exclude 90% of income from service charges from the profits of the business as per explanation (baa) to Section 80 HHC of the Act relying upon his order passed in the case of the assessee for assessment year 1999-2000. Against the order dated 24.2.2003 (Annexure A-2), the revenue approached the Tribunal by way of an appeal. The Tribunal vide o....