ROLLATAINERS LTD. vs. COMMISSIONER OF INCOME TAX

IN THE HIGH COURT OF DELHI AT NEW DELHI . ITA 166/2004 . ROLLATAINERS LOTD. ..... Appellant Through Mr.Ajay Vohra with Ms.Kavita Jha, Advocates versus . COMMISSIONER OF INCOME TAX ..... Respondent Through Ms. Prem Lata Bansal with Mr.Ajay Jha and Mr.Vishnu Sharma, Advocates . . . . CORAM: HON'BLE MR. JUSTICE MADAN B. LOKUR HON'BLE MR. JUSTICE VIPIN SANGHI . O R D E R 06.07.2006 . . Admit. After hearing learned counsel for the parties the following substantial questions of law are framed for consideration - ?(1) Whether on the facts and in the circumstances of the case the Tribunal was correct in law in holding that deduction under Section 80HHC of the Income Tax Act had to be computed by apportioning the profits of the entire business in the ratio of export turnover to total turnover of the entire business? . (2) Whether on the facts and in the circumstances of the case the Tribunal erred in holding that for calculating profits derived from export of trading goods, indirect costs that need to be reduced from the export turnover of such goods had to be computed with reference to all costs and not only those costs which were attributable to export of trading goods? . (3) Whether on the facts and in the circumstances of the case, the Tribunal was justified in law in holding that the write back of liabilities is squarely covered by the expression 'any other receipt of similar nature and consequently 90% thereof was to be excluded from profits of the business in terms of explanation (6aa) of Section 80HHC of the Act?? . . List this appeal along with ITA No. 419/2003 (CIT vs. Kamaljeet Singh), ITA No. 85/2003 (CIT vs. Kusum Jain) and ITA No. 445/2003 (CIT vs. Goodyear India). Paper books be filed within the time prescribed by the High Court Rules. . . MADAN B. LOKUR, J . . . . VIPIN SANGHI, J JULY 06, 2006 mw