:1: IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.413 OF 2004 The Commissioner of Income Tax. ..Appellant. Vs. Shri. Ayoor Abdul Kadar Pokar. ..Respondent. Mr.P.S.Sahadevan for the Appeallant. Ms. Aasifa Khan for the Respondent. CORAM : F.I. REBELLO & R.S. MOHITE, JJ. DATED : 16TH JANUARY,2008. PC : 1. The revenue has preferred this appeal on the following question of law. Whether for working out deduction u/s. 80HHC the incentives given by the Government in terms of duty drawback is to be excluded for computing profits retained for export business? 2. The order of ITAT was delivered on 24.7.2003 3. By Taxation Laws (Amendment) Act,2005 there is an amendment to Section 80HHC. The learned counsel points out that the said amendment is with retrospective effect from 1.4.1998. 4. Considering the amendment , the order of the Tribunal, CIT and the A.O. in so far as this aspect is :2: concerned are set aside and the matter is referred back to the A.O. for reconsideration in terms of the amendment effected by Taxation Laws (Amendment) Act,2005. Appeal is allowed accordingly. (R.S. MOHITE, J.) (F.I. REBELLO, J.)