2011 (6) TMI 199

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....r : HONOURABLE MS.JUSTICE HARSHA DEVANI)   (1) In this appeal under section 260A of the Income Tax Act, 1961 (the Act) the appellant-revenue has challenged the order dated 19.11.1998 made by the Income Tax Appellate Tribunal, Ahmedabad Bench 'A', Ahmedabad in I.T.A. No.1893/Ahd/1992 for Assessment Year 1990-91.   (2) While admitting the appeal on 12.06.2000, this Court had formulat....

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....dhya Pradesh High Court in the case of J.P. Tobacco Products P. Ltd. Vs. C.I.T. (1998) 229 ITR 123 wherein it had held that both the sections are independent and, therefore, the deductions could be claimed both under sections 80HH and 80I on the gross total income, a special leave petition had been filed before the Supreme Court which came to be dismissed on the ground of delay. The Supreme Court ....

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....(supra), to submit that this Court had also decided the controversy in favour of the assessee by holding that while computing the profits for the purpose of availing deduction under section 80-I of the Act, the profits and gains of the assessee's business are not required to be reduced by the deduction admissible under section 80HH of the Act.   (4) Mr. K. M. Parikh, learned Senior Standin....