TMI Blog2006 (3) TMI 97X X X X Extracts X X X X X X X X Extracts X X X X ..... Revenue - we set aside the order and remit the matter back to the Income-tax Appellate Tribunal. - - - - - Dated:- 20-3-2006 - Judge(s) : R. BALASUBRAMANIAN., P. P. S. JANARTHANA RAJA. JUDGMENT The judgment of the court was delivered by P.P.S. Janarthana Raja J.- This tax case appeal is filed under section 260A of the Income-tax Act, 1961, at the instance of the assessee against the order of the Income-Tax Appellate Tribunal dated November 29, 2002. The above appeal came up before this court and this court admitted the appeal on October 14, 2003, and formulated the following substantial questions of law: "1. Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal is right in law in negativin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he had exported musical instrument parts to the tune of Rs. 16,61,391. Further he had also given a detailed statement showing other exports as under: ------------------------------------------------------------ Name of Nature of Quantity Date of Amount in the foreign goods exported invoice rupees buyer ------------------------------------------------------------ (1) (2) (3) (4) (5) ------------------------------------------------------------ M/s. Anderton Granite 17.381 19-7-1996 4,26,469 Ltd. Loability rough cubic Co., Lugane, blocks metres Switzerland M/s. Indian Musical 101 sets 15-2-1997 10,63,027 Trading Co. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g the undisclosed income for the assessment year 1996-97 at Rs. 50,405 and for the broken period from April 1, 1997 to January 24, 1998 at Rs. 3,41,140, totalling to Rs. 3,91,545. While completing the assessment, the Assessing Officer disallowed the deduction claimed under section 80HHC of the Act and also estimated the income on the basis of the other assessee doing the same business of exporting musical instruments. Aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income-tax (Appeals), who dismissed the appeal and confirmed the order of the Assessing Officer. Aggrieved by the same, the assessee again went on appeal to the Income-tax Appellate Tribunal. The Appellate Tribunal also d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... taken into consideration in determining the undisclosed income of the block period. It is true that the Appellate Tribunal decided the matter on the basis of law then existing. The amendment came into force only by the Finance Act, 2002, with retrospective effect from July 1, 1995. Since the amendment has been given retrospective effect, we are of the view, the provision, as amended, would be proper provision for determining the undisclosed income of the block period. We are therefore of the view that the Appellate Tribunal should go into the question whether the assessee is actually eligible to claim deduction under section 80HHC of the Act as the Appellate Tribunal had no opportunity to decide the said question. Accordingly, the appeal is ..... X X X X Extracts X X X X X X X X Extracts X X X X
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