- (1.) THIS appeal has been preferred under s. 260A of IT Act, 1961 proposing the following substantial question of law arising respect of the asst. yr. 1998 -99 : "Whether, on the facts and in the circumstances of the case, the Tribunal was right in law in holding that for the purpose of calculation of deduction under s. 80HHC of the IT Act, 1961, sales -tax, excise duty, etc., should not be included in the ("total turnover") in view of Expln. (baa) below sub -s. (4B) of s. 80HHC of the IT Act, 1961 -
(2.) LEARNED counsel for the Revenue points out that the issue has been gone into by this Court in CIT vs. Vardhman Polytex Ltd (2006) 203 CTR (P&H) 397 : (2006) 154 Taxman 254 (P&H) and the question has been answered against the Revenue and in favour of the assessee.
(3.) IN view of the judgment of this Court referred to above, the question proposed cannot be held to be a substantial question of law. The appeal is dismissed.;