IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 674 of 2010 Date of Decision: 10.12.2010 Commissioner of Income Tax (Central), Ludhiana ....Appellant Versus M/s Sheena Exports ...Respondent. CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL. HON'BLE MR. JUSTICE AJAY KUMAR MITTAL. PRESENT: Mr. Rajesh Katoch, Advocate for the appellant. ADARSH KUMAR GOEL, J. 1. This appeal has been filed by the revenue under Section 260A of the Income Tax Act, 1961 against order of the Income Tax Appellate Tribunal, Delhi Bench 'G', Delhi passed in ITA No. 1659/Del/2008 dated 18.12.2009 for the assessment year 1999-2000, proposing to raise following substantial question of law:- “Whether on the facts and circumstances of the case, the ITAT was right in law in allowing deduction u/s 80HHC on the face value of DEPB in the case where turnover exceeds Rs.10 crores in view of second, third and fourth provisos to sub-section (3) of section 80HHC inserted by the Taxation Laws (Amendment) Act, 2005 with retrospective effect from 01.04.1998?” ITA No. 674 of 2010 -2- 2. Learned counsel for the revenue points out that identical appeal being ITA No. 299 of 2010 (Commissioner of Income-tax v. M/s F.C. Sondhi & Company (P) Ltd.) filed by the revenue was allowed by this Court on 16.8.2010 and the matter remanded to the Tribunal. 3. Accordingly, this appeal is disposed of in same terms. The matter may be taken up before the Tribunal on December 20, 2010 along with connected matters and the Tribunal may thereafter proceed in accordance with law after due notice to the assessee. (ADARSH KUMAR GOEL) JUDGE December 10, 2010 (AJAY KUMAR MITTAL) gbs JUDGE