2014 (8) TMI 420

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....t : None ORDER Ajay Kumar Mittal,J. 1. This appeal has been preferred by the revenue under section 260A of the Income Tax Act, 1961 against the order dated 31.5.2000, Annexure A.3 passed by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh in ITA No.1896/Chandi/92, for the assessment year 1989-90, claiming following substantial question of law:- "Whether, on the facts and....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ction 143(3) of the Act was completed on 27.3.1991 at total income of Rs. 30,45,000/-. While framing assessment, the Assessing Officer vide order dated 27.3.1991, Annexure A.1 disallowed deduction of Rs. 2,58,629/- claimed under section 32AB of the Act holding that the business of the assessee was of civil construction which was not an eligible business for the purpose of allowing deduction as per....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ngaged in the business of civil and labour construction and, was, therefore, not entitled to claim deduction under section 32AB of the Act. 4. As per office note, service is complete. None has appeared on behalf of the respondent. 5. After hearing learned counsel for the appellant, we find that the issue stands concluded by the judgment of the Apex Court in S.A.Builders's case (supra). W....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....R 412. The second ground for rejecting the claim was that the claim was not based on facts on record. The deduction under Section 32AB was not automatic and was subject to various conditions laid down in that provision. Whether the assessee fulfilled those conditions for claiming the deduction or not required examination into facts which were not on record. Even before the Tribunal the assessee ha....