2011 (7) TMI 664

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..... JUDGMENT Ajay Kumar Mittal, J - This appeal has been preferred by the revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") against the order dated 22.12.2009 passed by the Income Tax Appellate Tribunal, Chandigarh Bench "A" (hereinafter referred to as "the Tribunal") in ITA No. 1184/Chd/1993, relating to the assessment year 1995-96, claiming the following substant....

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....aiming deduction under Section 80P(2)(a)(iii) of the Act. The Assessing Officer vide order dated 24.2.1997 rejected the claim of the assessee on the ground that the sugar and molasses were by-products of a complex manufacturing process which involved usage of plant and machinery. Feeling aggrieved, the assessee filed an appeal before the Commissioner of Income Tax (Appeals) [in short "the CIT(A)"]....

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....filed an appeal before this Court (ITA No. 27 of 2004) which vide order dated 12.10.2009 set aside the order of the Tribunal and remanded the matter to the Tribunal for fresh orders in view of the decision of the High Court in Budhewal Cooperative Sugar Mills Ltd. v. CIT [2009] 315 ITR 351 (Punj. & Har.)(FB). The Tribunal vide order dated 22.12.2009 dismissed the appeal filed by the revenue agains....