IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.6914 OF 2009 (Arising out of S.L.P. (C) No.26391 of 2008)

Assistant Commnr of Income Tax, Indore     ...Appellant(s)

Versus

M/s. Neo Sack Private Limited             ...Respondent(s)

O  R  D  E  R

Leave granted.

By consent, the matter called out and taken up for  

hearing.

In our view, an important question of law arises  

for interpretation of Section 80IA of the Income Tax Act  

[for short, “the Act”].  The question, as framed at Page 5  

of the special leave petition, reads as under:

“Whether on the facts and circumstances of the  case  the  learned  Courts  below  were  right  in  holding that the assessee was entitled to the  deduction under section 80IA of the Act on the  amount  of  entire  eligible  income  without  reducing the amount of export incentive from the  same?”

The above question has neither been answered by  

Income Tax Appellate Tribunal nor by the High Court.

We grant liberty to the appellant herein to move  

the  High  Court  and  raise  the  issue  specifically,  

particularly  in  view  of  the  fact  that  an  important

...2/-

- 2 -  

question of law on interpretation of Section 80IA of the  

Act arises for determination.

In case the High Court finds that the answer to the  

above question needs factual finding(s), it may remit the  

case  to  Income  Tax  Appellate  Tribunal  for  disposal  on  

merits the above question only in accordance with law.

Accordingly, civil appeal stands disposed of.

No order as to costs.

......................J.            [S.H. KAPADIA]

......................J.            [AFTAB ALAM]

New Delhi, October 09, 2009.