Commr. of I.T .Indore Vs. M/S New Sack Pvt. Ltd.  INSC 1642 (9 October
APPELLATE JURISDICTION CIVIL APPEAL NO.6914 OF 2009 (Arising out of S.L.P. (C)
No.26391 of 2008) Assistant Commnr of Income Tax, Indore ...Appellant(s) Versus
M/s. Neo Sack Private Limited ...Respondent(s)
O R D E R
consent, the matter called out and taken up for hearing.
view, an important question of law arises for interpretation of Section 80IA of
the Income Tax Act [for short, "the Act"]. The question, as framed at
Page 5 of the special leave petition, reads as under:
on the facts and circumstances of the case the learned Courts below were right
in holding that the assessee was entitled to the deduction under section 80IA
of the Act on the amount of entire eligible income without reducing the amount
of export incentive from the same?"
question has neither been answered by Income Tax Appellate Tribunal nor by the
liberty to the appellant herein to move the High Court and raise the issue
specifically, particularly in view of the fact that an important question of
law on interpretation of Section 80IA of the Act arises for determination.
the High Court finds that the answer to the above question needs factual
finding(s), it may remit the case to Income Tax Appellate Tribunal for disposal
on merits the above question only in accordance with law.
civil appeal stands disposed of.
as to costs.
......................J. [S.H. KAPADIA]
......................J. [AFTAB ALAM]
October 09, 2009.