9911796707
TMI Blog2005 (1) TMI 76X X X X Extracts X X X X X X X X Extracts X X X X ..... Whether, on the facts and in the circumstances of the case, and in law, the Income-tax Appellate Tribunal was required to direct the Assessing Officer to work out the direct cost of the finished goods of exported items vide paras. 9 and 11 of their order when in fact what is required to work out the deduction under section 80HHC was the direct cost of the trading goods exported vide clause (d) of Explanation below section 80HHC(3) of the Income-tax Act and when no inference could be drawn in respect of the direct cost of the trading goods exported in view of the assessee's export sources therein being their purchase of goods from the market and/or manufactured in their own premises?" Heard Shri R.L. Jain, learned senior counsel with Ku. V. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deduction available to the assessee under section 80HHC ibid. It is against this view of the Tribunal, the Revenue has felt aggrieved and filed this appeal. Having heard learned counsel for the parties and having perused the record of the case, we are of the view that the appeal deserves to be allowed and the case has to be remanded to the Tribunal for fresh hearing in the light of the observations made by us infra. It is not in dispute that the issue involved in this appeal relates to deduction under section 80HHC ibid. The question which the taxing authorities have to decide is whether an amount said to have been spent under a particular head by the assessee can be regarded as cost incurred by an assessee for manufacturing the goods exp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the first time and without there being a factual finding recorded by the Tribunal in the light of the two Explanations examine the case in its appellate jurisdiction. It is for the Tribunal to first examine the facts of the case and give a finding whether a particular amount can be said to be a direct costs or indirect costs or neither of them. This inquiry in our opinion is sine qua non at the first instance. It is only then the High Court can examine the question, if occasion so arises at the instance of either parties. We, therefore, consider it proper to remand the case to the Tribunal for deciding the appeal afresh in the light of what this court has observed supra. This court has ample jurisdiction to remand the case if a case to ..... X X X X Extracts X X X X X X X X Extracts X X X X
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