COMMISSIONER OF INCOME TAX DELHI vs. M/S VIJAY MEHTA

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 23/2002 . COMMISSIONER OF INCOME TAX DEL ..... Petitioner Through Mr. J R Goel . versus M/S VIJAY MEHTA ..... Respondent Through nemo CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE BADAR DURREZ AHMED . O R D E R 06.01.2004 ADMIT. The following questions require re-determination by this Court. 1.Whether the ITAT had not erred in law in allowing the deduction under Section 80 HHC (2) of the Income Tax Act, 1961 on the amounts realised in convertible foreign exchange after the specified period (i.e. within six months from the end of the previous year) without the Commissioner of Income Tax granting any extension ? . 2.Whether in view of Section 80 HHC (2), the ITAT could have allowed the benefit thereunder beyond the period of 31.12.1991 when the assessee himself applied for extension only upto that date? . CHIEF JUSTICE . BADAR DURREZ AHMED, J JANUARY 06, 2004 PC.