2014 (9) TMI 210

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....C.S.C.(Income Tax),R.K.Upadhaya,Shambhu Chopra ORDER 1. The present writ petition is filed by the assessee against the impugned order dated 26.2.2009 passed by the Commissioner of Income Tax, Moradabad under Section 264 of the Income Tax Act, 1961. 2. The brief facts of the case are that during the assessment year under consideration, assessee's firm was exporting the handicraft items....

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....ieved, the assessee has filed a petition for revision under section 264 of the Income Tax Act, which was rejected by the Commissioner of Income Tax. Still not being satisfied, the assessee has filed the present writ petition. 4. Sri Sambhoo Chopra, learned counsel for Department took a preliminary objection by stating that no writ petition against the order passed under section 264 is maintaina....

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.... accounts on the basis of date of invoice. He further submits that motive of the assessee is not to claim higher deductions under section 80HHC. The assessee is claiming statutory benefit. The method of accounting is being adopted regularly from year to year and the assessee has not deviated from the same during the assessment year under consideration. To support his arguments, learned counsel has....

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....ods and shipment. So, he made the request to allow the claim of the assessee. 9. After hearing both the parties and on perusal of the record, it appears that assessee has claimed benefit under section 80HHC. Section 80HHC(1)(B) provides that no deduction shall be allowed in respect of the assessment year beginning on 1.4.2005 and in subsequent assessment year. 10. In the instant case, the bi....