2000 (4) TMI 18

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....he respondent. Since a short point is involved, with the consent of learned counsel for the parties, we proceed to dispose of this petition. The main grievance of the petitioner in this case is that the claim of the petitioner for deduction under section 80HHC of the Income-tax Act, 1961, has not been allowed by the competent authority. The petitioners filed a return with respect to the assessme....

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....r attention to the provision contained under section 80HHC. He has particularly relied on the words "... be allowed in computing the total income of the assessee, a deduction of the profits derived by the assessee from the export of such goods or merchandise". On the basis of the said provision it is submitted that it is the function of the Commissioner to allow deduction and no separate applicati....

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....ying extension of time for getting foreign remittance and this can be done only by way of an application. There is merit in the submission of learned counsel for the Revenue that facts which justify extension of time can be brought to the notice of the Commissioner only by way of an application. However, the point for consideration is that there is no time limit prescribed for making such an appli....

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....he ground that the petitioner had not made the application alleged to have been filed on August 4, 1994. In our view, this approach of the Commissioner was not correct. Since we have expressed the view that the application could have been filed even after the expiry of the period of six months, the Commissioner should have independently decided the application of the petitioner, dated February 17,....