1 In High Court of Judicature at Madras Dated: 23.07.2014 Coram Honourable Mr.JUSTICE R.SUDHAKAR and Honourable Mr.JUSTICE G.M.AKBAR ALI Tax Case (Appeal) No.653 of 2007 Commissioner of Income Tax Madurai. Appellant Vs. M/s. Fenner (India) Ltd., 3 Madurai Melakkal Road, Madurai-625016. Respondent APPEAL under Section 260A of Income Tax Act against order dated 09.12.2005 in I.T.A.No.364/Mds/2001 on file of Income Tax Appellate Tribunal, Madras 'C' Bench. For Appellant : Mr. M.Swaminathan Standing Counsel for Income Tax For Respondent: Mr. J.Venkatanarayanan 2 JUDGMENT (Delivered by R.SUDHAKAR,J.) This Tax Case (Appeal) is filed at instance of Revenue as against order of Income Tax Appellate Tribunal raising following substantial question of law: "Whether on facts and in circumstances of case, Income-tax Appellate Tribunal was right in law in directing assessing officer not to exclude amount received on export turnover if no deduction has been claimed in earlier year of such export turnover, even though assessee would be eligible for deduction under Section 80HHC, only if sale proceeds were received in convertible foreign exchange within period of 6 months from end of previous years or within such period as competent authority may allow in this behalf, assessee would not be eligible for deduction under Section 80HHC as per Section 80HHC(2)(a) of Income-tax Act?" 2. perusal of order of Tribunal shows that Tribunal remanded case to Assessing Officer to consider issue whether assessee would be entitled to benefit of Section 80HHC of Income Tax Act in respect of belated receipt of sale proceeds. That order is under challenge in this Tax Case (Appeal). 3. It is stated by learned counsel appearing for respondent/assessee that pending this appeal, Assessing Authority took up matter for re-adjudication in terms of order of Income Tax 3 Appellate Tribunal in I.T.A.No.364/Mds/2001 dated 09.12.2005 and held against assessee. As against said order, assessee preferred appeal before Commissioner of Income-Tax (Appeals), who allowed appeal filed by assessee granting benefit under Section 80HHC of Income Tax Act. Aggrieved by same, Revenue went on appeal before Income Tax Appellate Tribunal in I.T.A.No.1086/Mds/2008. Tribunal, by order dated 26.2.2009, partly allowed appeal filed by Revenue. 4. Learned counsel appearing for assessee also submits that order of Tribunal dated 26.2.2009 has been accepted by assessee and no further appeal has been preferred as against said order of Tribunal. 5. Recording above submission of learned counsel appearing for assessee, this Tax Case (Appeal) stands disposed of, as assessee himself has accepted order of Tribunal dated 26.2.2009 holding that benefit under Section 80HHC of Income Tax Act will not accrue to present transaction. No costs. Index :Yes/No (R.S.,J) (G.M.A.,J) Internet:Yes/No 23.07.2014 sl R.SUDHAKAR,J. 4 AND G.M.AKBAR ALI,J. sl To 1. Income Tax Appellate Tribunal, Madras 'C' Bench. 2. Commissioner of Income Tax (Appeals) XIII, Chennai. 3. Joint Commissioner of Income Tax, Special Range -II, Madurai. T.C.(A) No.653 of 2007 23.07.2014 Commissioner of Income-tax, Madurai v. M/s. Fenner (India) Ltd