IN THE HIGH COURT OF DELHI AT NEW DELHI 
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   ITA 816/2010  
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 GOYAL IMPEX and INDUSTRIES LTD        ..... Appellant 
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 Through Mr. V N Jha, Adv. 
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 versus 
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 COMMISSIONER OF INCOME TAX       ..... Respondent 
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 Through Mr. N P Sahni, sr. standing counsel 
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 ITA 207/2011 
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 CIT              ..... Appellant 
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 Through Mr. N P Sahni, sr. standing counsel 
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 versus 
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 GOYAL IMPEX and INDUSTRIES LTD       ..... Respondent 
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 Through Mr. V N Jha and Ms. Manasvini Bajpai, Adv. 
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 CORAM: 
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 HON'BLE MR. JUSTICE S. RAVINDRA BHAT 
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 HON'BLE MR. JUSTICE R.V.EASWAR 
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 O R D E R 
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     25.07.2012 
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 The question involved in this appeal is to the admissibility of the 
 DEPB credit whether it is chargeable under Section 28(iiid) of the Income 
 Tax in the year in which it was applied for against exports and the 
 consequential amendment by inserting the 3rd proviso to section 80HHC. 
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 2. As far as the other question arising for consideration in ITA 
 816/2010 is concerned, i.e., the question of the legality of the order 
 under Section 263, does not arise for consideration in view of the fact 
 that order dated 20.3.2006 of the Tribunal had become final.  This Court 
 had granted opportunities to counsel to seek instructions to withdraw the 
 appeal in the light of the decision in Topman Exports (supra), however no 
 instructions are forthcoming.  In view of the said position with regard 
 to the applicability of Section 263 no question arises for consideration. 
 Therefore there does not arise any substantial question of law.  This 
 appeal is accordingly dismissed. 
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 3. This court has been apprised of the decision of the Supreme Court 
 in Topman Exports Vs. Commissioner of Income Tax (2012) 342 ITR 49 (SC). 
 Following the said decision the Assessing Officer is directed to compute 
 the deduction under Section 80HHC in the case of the assessee in 
 accordance with law.  The appeal ITA No.207/2011 is allowed on the above 
 terms. 
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 S. RAVINDRA BHAT, J 
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 R.V.EASWAR, J 
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 JULY 25, 2012 
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 vld 
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 $ 31 
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