TMI Blog2008 (9) TMI 30X X X X Extracts X X X X X X X X Extracts X X X X ..... Prem Lata Bansal For the Respondent : Dr Rakesh Gupta, Ms Poonam Ahuja, and Ms Aarti Saini CORAM :- HON'BLE MR JUSTICE BADAR DURREZ AHMED HON'BLE MR JUSTICE RAJIV SHAKDHER BADAR DURREZ AHMED, J (ORAL) 1. These two appeals are taken up together as they arise out of the common order passed by the Income Tax Appellate Tribunal on 31.08.2007. The Tribunal had disposed of the assessee's appeal being ITA No. 4292/Del/2005 and revenue's appeal being ITA No. 4512/Del/2005, both pertaining to the assessment year 2002-03, by the impugned order. 2. The assessee exported goods worth Rs 206.62 lacs. Out of this the assessee had exported goods worth Rs 102.13 lacs to General Specialised Steal Manufacturing Company (GSSMC) situated in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r section 80HHC of the Act on the exports made to those other parties. 5. Being aggrieved by the confirmation of the disallowance in respect of the exports made to GSSMC, Jordan, the assessee filed the said appeal being ITA No. 4292/Del/2005. The revenue also, being aggrieved by the fact that the Commissioner of Income-tax (Appeals) had deleted the additions made by the Assessing Officer on account of exports made to the non-Jordan companies, preferred the said appeal being ITA No. 4512/Del/2005. 6. The Income Tax Appellate Tribunal has considered both the aspects in great detail. In so far as the sales to GSSMC, Jordan are concerned, the Tribunal noted that two contracts had been entered into between the assessee and the GSSMC. O ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ers placed on the assessee and the assessee had received the sale proceeds in convertible foreign exchange. The Tribunal concluded that in the absence of anything adverse, the Commissioner of Income-tax (Appeals) was justified in allowing the deductions in respect of the sales of Rs 104.48 lacs. It is also pertinent to note that the said deductions under section 80HHC of the Act under similar circumstances had been allowed by the Assessing Officer in respect of the financial years 1999-00 and 2000-01. 8. The decision of the Tribunal rendered on the basis of the facts determined by it cannot be faulted. No substantial question of law arises for our consideration. The appeals are dismissed. BADAR DURREZ AHMED, J RAJIV SHAKDH ..... X X X X Extracts X X X X X X X X Extracts X X X X
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