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2002 (9) TMI 86 - HC - Income TaxPowers Of Commissioner, Export, Special Deduction - By this writ petition, the petitioner/assessee seeks to challenge the order passed by the revisional authority under section 264 - The main issue which arose for consideration by the Commissioner was whether the export incentives received in subsequent assessment years can be allowed under section 80HHC even though such incentive has not been shown as income for the relevant year. - Commissioner has correctly framed an issue. However, he has rejected the revision application on extraneous grounds. We are of the view that the revision application is maintainable under section 264 of the Act. We direct the Commissioner to decide the issue of law which he has framed in impugned order viz., "Whether export incentives received in subsequent assessment years can be allowed under section 80HHC even though not shown as income for the relevant year in view of the rectification application subsequently filed supported by the auditors report". This issue needs to be decided by the Commissioner under section 264 of the Act. - we set aside the orders of the Commissioner and we remit the matter back
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