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TMI Blog2021 (7) TMI 965X X X X Extracts X X X X X X X X Extracts X X X X ..... ur of the assessee and against the revenue. Whether, the Tribunal was justified in law in ignoring the decision of the Hon'ble Jurisdictional Karnataka High Court in the case of Tata Elxsi Vs. ACIT [ 2015 (10) TMI 634 - KARNATAKA HIGH COURT] and consequently passed a perverse order on the facts and circumstances of the case? - The tribunal while passing the impugned order has not taken note of decision of this court in 'TATA ELXSI VS. ACIT', [ 2015 (10) TMI 634 - KARNATAKA HIGH COURT] and therefore, the substantial question of law No.3 is answered in the affirmative. - I.T.A. NO.564 OF 2017 - - - Dated:- 13-7-2021 - HON BLE MR. JUSTICE ALOK ARADHE AND HON BLE MR. JUSTICE HEMANT CHANDANGOUDAR APPELLANT ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... acts leading to filing of this appeal briefly stated are that the assessee is a private limited company and is engaged in the business of manufacture and sale of surgical products. The assessee had filed return of income for the Assessment Year 2009-10 declaring total income of ₹ 9,48,36,690/- after claiming deduction under Section 10B of the Act to the extent of ₹ 9,48,24,379/-. The assessee for the Assessment Year 2010-11 declared total income of ₹ 13,55,94,570/- after claiming deduction under Section 10B of the Act to the tune of ₹ 8,79,18,006/-. The return was selected for scrutiny. The Assessing Officer by orders dated 23.12.2011 and 27.02.2013 passed under Section 143(3) of the Act for Assessment Years 2009-10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t disputed by the revenue. On the other hand, learned counsel for the revenue submitted that the matter deserves to be remitted to the Assessing Officer to enable him to examine whether the assessee has complied with the conditions prescribed under Section 10B of the Act. 5. We have considered the submissions made by learned counsel for the parties and have perused the record. The fact that the assessee has exported the goods through third party is not disputed. The substantial questions of law Nos.1 and 2 have already been answered by two division benches of this court in INTERNATIONAL STONES INDIA (P.) LTD and 'METAL CLOSURES (P.) LTD. For the reasons assigned in the aforesaid decisions, the aforesaid substantial questions of l ..... X X X X Extracts X X X X X X X X Extracts X X X X
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