ITA No. 63 of 2003 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH ITA No. 63 of 2003 (O&M) Date of decision: November 10, 2009 Commissioner of Income Tax-I, Ludhiana ...Appellant Versus M/s Amar Enterprises ...Respondent CORAM:- HON'BLE MR. JUSTICE ADARSH KUMAR GOEL HON'BLE MR. JUSTICE GURDEV SINGH Present: Mr. Rajesh Sethi, Advocate, for the revenue. Mr. Vivek Verma, Advocate, for the assessee. ORDER 1. This appeal had been preferred by the revenue under Section 260A of Income Tax Act, 1961 (for short, “the Act”) against the order of Income Tax Appellate Tribunal, Chandigarh Bench 'B', Chandigarh, passed in I.T.A. No. 15/Chandi/99 and ITA Nos. 397 & 893/Chandi/97 dated 12.9.2002 for the assessment year 1992-93, 93-94 & 94-95, proposing to raise following substantial question of law:- “(i) Whether on the facts and the circumstances of the case, the Hon'ble Income tax Appellate Tribunal was justified in upholding the order of the Commissioner of Income tax (Appeals) deleting the addition of Rs. 3,66,343/- on account of deduction u/s 80HHC by allowing the deduction of 10% of export incentive in addition to the direct expenses and indirect expenses while calculating profits of the business u/s 80HHC (3) (b)?” 2. The assessee claimed deduction under Section 80 HHC but the calculation of the assessee was rejected by the Assessing Officer to the extent the assessee had apportioned 10% of expenses against export ITA No. 63 of 2003 2 incentive. However, CIT (A) and the Tribunal upheld the claim of the assessee. 3. On further appeal to this Court, it was held that the benefit of cost not related to export turnover could not be deducted from income from export incentives. However, on further appeal, the Hon'ble Supreme Court following its judgment in Hero Exports vs. Commissioner of Income Tax 295 ITR 454 (SC) set aside the view taken by this Court and remanded the matter for de novo consideration. 4. We have heard learned counsel for the parties. 5. The view taken by the Tribunal being consistent with the judgment of the Hon'ble Supreme Court in Hero Exports (Supra), no substantial question of law arises for consideration. 6. The appeal is dismissed. (ADARSH KUMAR GOEL) JUDGE November 10, 2009 (GURDEV SINGH ) prem JUDGE