2012 (6) TMI 112

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....Parag Mohanty, Adv JUDGEMENT This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 impugns the order dated 28th July, 2011 passed by the Income Tax Appellate Tribunal (for short, the tribunal) in the case of Annik Technologies Pvt. Ltd. The appeal pertains to the assessment year 2007-08. 2. Learned counsel for the Revenue has raised two contentions before us. These hav....

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....t with and examined the said contention. Therefore, on this aspect, no substantial question of law arises out of the impugned order dated 28th July, 2011. 4. The second contention raised by the learned counsel for the Revenue relates to interpretation of Section 10A(2)(i) of the Act, which reads as under:- "10A. Special provision in respect of newly established undertakings in free trade zon....

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....n 10A(2)(i). The grounds of appeal itself indicate that the respondent-assessee was entitled to benefit under Section 10A in case any of the clauses (a), (b) and (c) are applicable. What is contended and argued before us is that clause (c) applicable w.e.f. 1st April, 2001 had the effect of overriding clauses (a) and (b). 6. This is not correct as the CBDT had issued Circular No. 794 dated 9th ....