- (1.)FEELING aggrieved and dissatisfied with the impugned judgment and order passed by the learned Income Tax Appellate Tribunal, Ahmedabad (hereinafter referred to as the "ITAT") dated 22.06.2006 passed in ITA No.911/AHD/2006 for AY 200304, the revenue has preferred present Tax Appeal raising following substantial question of law.
"Whether on the facts and in the circumstances of the case and in law, was the Appellate Tribunal right in holding that the excise duty and sales is not to be included in the total turnover while calculating the deduction u/s 80HHC of the Act -

(2.)WE have heard Shri Sudhir Mehta, learned advocate for the revenue and Shri Tushar Hemani, learned advocate for the respondent assessee.
(3.)AS stated hereinabove, present Tax Appeal has been admitted to consider the substantial question of law whether the Appellate Tribunal is right in law and on facts in holding that excise duty is to be excluded for the purpose of computation of deduction under Section 80HHC ?
Having heard Shri Sudhir Mehta, learned counsel appearing on behalf of the Revenue and Shri Tushar Hemani, learned counsel appearing on behalf of the assessees, it appears that the aforesaid substantial question of law framed is now not res integra and the aforesaid substantial question of law is held against the Revenue by the Hon'ble Supreme Court in the case of Commissioner of Income Tax vs. Lakshmi Machine Works, 2007 290 ITR 667 and the decision of the Hon'ble Supreme Court in the case of Commissioner of Income Tax vs. Shiva Tex Yarn Ltd,2012 25 Taxman 302.