=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 ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION INCOME INCOME INCOME TAX TAX TAX APPEAL NO.534 OF 2008 APPEAL NO.534 OF 2008 APPEAL NO.534 OF 2008 The Commissioner of Income Tax-VI, Aayakar Bhavan, Mumbai 400 020 ...Appellant v/s M/s Acharya Exports Pvt. Ltd., Matunga, Mumbai 400 019 ...Respondents Mr D.A. Athavale for Appellant. None for Respondents. CORAM CORAM CORAM : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. : D.K. DESHMUKH AND J.P. DEVADHAR JJ. DATE DATE DATE : 18TH OCTOBER 2008 18TH OCTOBER 2008 18TH OCTOBER 2008 =2= P.C.- 1. In this case, the Tribunal has relied on the decision in the case of Surendra Engineering Corporation v/s ACIT, reported in 86 ITD 121 (Mum)(SB) in which the Tribunal has allowed the claim of the assessee by directing the Assessing Officer to reduce the indirect cost by 10 % of the export incentives. Admittedly, the appeal filed by the revenue against the decision of the Special Bench of the Tribunal in the case of Surendra Engineering Corporation has been dismissed. Moreover, similar reduction was allowed in A.Y. 2000-01 and no appeal has been filed by the revenue. In this view of the matter, we see no merit in the appeal. Appeal is dismissed with no order as to costs. . Parties to act on the copy of this order duly authenticated by the Associate / Private Secretary of the Court. . Certified copy is expedited. ( D.K. DESHMUKH J.) ( J.P. DEVADHAR J.)