vks IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.432 of 2007 C.I.T 9 ..Appellant -versus M/s BDH Industries Ltd. .. Respondent. Mr.Sureshkumar for the appellant Ms Aasifa Khan for the respondent CORAM: F.I REBELLOW AND R.S.MOHITE JJ, DATED: 18th February,2009 P.C. 1. Revenue is in appeal on the following questions of law: i)Whether on the facts and circumstances of the case, the ITAT is right in law to dismiss the appeal of the revenue on the basis of the case of CIT vs M/s Sudarshan Chemical Industries Ltd (235 ITR 769) without considering the case of Chowringhee Sales Bureau Pvt Ltd? ii)Whether the credit balance written off back would constitute profits derived from the exports made during the year in terms of Section 80HHC (II) as per the ratio of the decision of the Hon'ble Apex Court in the matter CAMAY ELECTRICAL INDUSTRIAL CO.LTD vs CIT (113 ITR 84) SC? 2. So far as question No.(i) is concerned, same is answered in favour of the assessee and against the revenue by the Judgment of the Supreme Court, reported in 290 ITR 667 and 292 ITR 641. 3. So far as question No.2 is concerned, learned ITAT confirmed the order of CITA(A). The relevant portion reads as under: “The learned CIT (A), his earlier order for assessment year l998-99, held that the amounts written of had a direct nexus with the export business and therefore, formed part of business profits. To that extent, we are in agreement with the order of the learned CIT(A).” 4. This is a finding of fact. Learned Counsel for the asessee relied also to the judgment of the Madras High Court, in CIT vs Abdul Rahaman Industries (2007 (293) ITR 475). Considering two findings recorded by CIT(A) and ITAT, there is no need to consider the ratio of the judgment in Abdul Rahaman Industries (supra). Appeal dismissed. (R.S.MOHITE, J) (F.I.REBELLO, J)