COMMISSIONER OF INCOME TAX DEL vs. M/S ESSEL INTERNATIONAL

IN THE HIGH COURT OF DELHI AT NEW DELHI . 11.10.2004 .

Present: Ms. Prem Lata Bansal with Mr. Ajay Jha for the appellant. . +ITA No. 605/2004 * Admit.

Following questions of law are required to be determined by this Court:- ‘‘1) Whether the ITAT was correct in law in holding that the loss arrived at after computation under sub-clause (a), (b) and (c) of section 80HHC(3) is to be ignored for the purposes of computing deduction out of export incentives mentioned in section 28 iiia), (iiib) and (iiic) as per the proviso of the said section? . 2) Whether the reference made by the President, ITAT to the Special Bench seeking opinion on the particular points and not to dispose of a particular case is in accordance with law/as per the provisions of section 255(3) of the Income Tax Act?’‘ The Appellant to file paperbooks within three months as per rules. CHIEF JUSTICE . . BADAR DURREZ AHMED, J October 11, 2004 rg