1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX REFERENCE NO.270 OF 1998 The Commissioner of Income-tax, Mumbai City - I, Mumbai .. Applicant. V/s. M/s.Shantivijay Jewels Pvt.Ltd. .. Respondent. Mr.R.V. Desai, senior counsel with Mr.P.C. Tripathi for the applicant. CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & CORAM : S. RADHAKRISHNAN & J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. J.P. DEVADHAR, JJ. DATED : 7TH MARCH, 2005. DATED : 7TH MARCH, 2005. DATED : 7TH MARCH, 2005. P.C. : 1. Heard learned counsel for the applicant and the respondents. The following question of law has been referred : On the facts and in the circumstances of the case, whether the Tribunal was right in law in holding that the assessee was entitled to deduction under Section 80-HHC on the export of those goods which were first selected by the foreign buyers in India and then sent abroad ? 2. The learned counsel for the applicant fairly states that the issue involved in the above is squarely covered by the judgment of the Supreme Court in the case of CIT V/s. Silver & Arts Palace [259 CIT V/s. Silver & Arts Palace [259 CIT V/s. Silver & Arts Palace [259 ITR 684]. ITR 684]. ITR 684]. 3. In view thereof, the question is answered in the affirmative in favour of the assessee against the revenue. (S. RADHAKRISHNAN, J.) 2 (J.P. DEVADHAR, J.)