2000 (12) TMI 236

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.... appeal being ITA No. 1451/Jp/93 for asst. yr. 1987-88 and, therefore, requested that the same may be allowed to be withdrawn. Accordingly, the same is dismissed as withdrawn. 3. The only ground taken by the Revenue in its appeal being ITA No. 1763/Jp/93 read as under: "On the facts and in the circumstances of the case, the learned CIT(A) has erred in directing to allow deductions under s. 80HH and 80-I by holding that the assessee is industrial undertaking, engaged in manufacturing or producing of goods and articles, ignoring the fact that the assessee is a hospital, deriving income from medical-practice, and does not qualify the tests laid down under ss. 80HH and 80-I inasmuch as, it is not engaged in the manufacturing or producing of g....

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....assessee's case, the same should be restricted to 20 per cent of the income attributable to the relevant/corresponding activities only. 6. The learned counsel for the assessee, on the other hand, submitted that the AO in this case disallowed the deduction under s. 80HH and 80-I to the assessee only on the basis that the assessee was not engaged in manufacturing or producing of articles or things. He further submitted that this issue is settled now by the decision of Hon'ble High Court of Rajasthan in assessee's own case for asst. yr. 1986-87 involving the issue of investment allowance under s. 32A, the provisions of which are similar to ss. 80HH and 80-I. He also placed on record a copy of the said decision of Hon'ble Jurisdictional High C....