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TMI Blog2006 (9) TMI 103X X X X Extracts X X X X X X X X Extracts X X X X ..... OKUR and VIPIN SANGHI JJ. JUDGMENT 1. The Revenue is aggrieved by an order dated 12 th June, 2003 passed by the Income Tax Appellate Tribunal, Delhi Bench "A" in ITA No. 519/Del/97 relevant for the assessment year 1992-93. Along with this appeal, the Tribunal also heard ITA No. 2640/Del/1997 and disposed both of them by a common order but we are concerned, for the present, with ITA No. 5 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... med from its other activities. 5. The assessee also claims that it maintained separate books of accounts in respect of the export activities and also maintained separate books of account in respect of direct cost and indirect cost relating to the export activities as well as to the other activities. 6. It appears that the Assessing Officer did not take the other activities of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... accounts in respect of its export trade. The Tribunal then held that the expenses attributable to the export business would be identifiable and only such expenses could be taken into consideration for determining the direct cost and the indirect cost incurred by the assessee towards its export activities for calculating the deduction under Section 80 HHC of the Act. The Tribunal also considered t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... termine whether the assessee is maintaining separate books of accounts or not, and depending upon his conclusion, the Assessing Officer would then have to apply the law as laid down under Section 80HHC of the Act. Obviously, the Assessing Officer will evaluate the books of Accounts and determine how much of the expenditure, direct and indirect, is attributable to the export activities of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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