2004 (3) TMI 754

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...."), the Income-tax Appellate Tribunal has referred the following questions for answer by this Court:- "1. Whether on the facts and in the circumstances of the case, the Income- tax Appellate Tribunal was right in law in holding that the deduction under section 80HH of the I.T. Act would be available out of the income of the assessee as computed under the I.T. Act and not out of profits and gain....

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.... the parties. 3. At the outset, Shri Anant Kasliwal, learned counsel for the assessee submits that in view of amendment in the provisions of section 80AB of the Act, question No. 2 can be answered against the assessee and in view of answer to question No. 2, question Nos. 1 and 3 are of academic nature. Therefore, when question No. 2 is answered against the assessee, he cannot get any result of....