2013 (10) TMI 1

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....s : Sri Kalyan Basavaraj, ASG for R1 & K V Aravind, Adv. For R2 ORDER:- Since common questions of fact and that of law arise for consideration in these petitions, with the consent of the learned counsel for parties, petitions are clubbed together, heard finally and disposed of by this order. Petitioner in W.P.10798/12 has called in question the vires of Section 80-AC of the Income tax Act....

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....Section 80-IA on the premise of applicability of Section 80-AC, has presented these petitions calling in question the vires of Section 80-AC. According to the petitioner the Assessing Officer rejected the claim for deduction on the premise of the strict application of Section 80-AC. 2. Petitions are opposed by filing separate statement of objections. 3. After having heard the learned counsel....

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....e learned Counsel for the petitioners is in relation to condonation of delay applications involving refund claims and not deductions and therefore, it is the CBDT alone which will have to consider the claim of the petitioners to condone the delay. In that view of the matter, nothing further survives for consideration in these petitions except to direct the petitioners to file necessary applicat....