- (1.) We have heard learned counsel appearing for the parties. The present petition arises out of the judgment and order dated 18th July, 2005 passed by the Hon'ble High Court of Judicature at Madras wherein the High Court following its earlier decision in the case of Commissioner of Income-Tax v. P.R. Prabhakar (2005) 276 ITR 176, dismissed the appeal.
(2.) It has been brought to our notice that the decision in P.R. Prabhakar (Supra), has been reversed by this Court in the case of P.R. Prabhakar v. Commissioner of Income-Tax,(2006) 6 SCC 86, wherein this Court has said that the commission is also to be considered for determining the deduction under section 80HHC of Income Tax Act, 1961.
(3.) Since the decision relied upon by the High Court dismissing the appeal has been reversed by this Court, the impugned order cannot be sustained and the same is set aside. The matter is remanded back to the High Court for deciding the same on merits, in accordance with law.;