2012 (10) TMI 1077

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.....) : The department has filed this appeal for assessment year 2007-2008 against order of CIT(A), dated 2-7-2010 on following grounds :- "On the facts and in the circumstances of the case and in law, the learned CIT(A) erred in concluding that since there is no prohibition in section 115JB for allowing rebate u/s 88E, the assessee is entitled to claim deduction u/s 88E from the tax work....

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....se before us, the tax payable by assessee as per normal provisions of the Act, is 'Nil' after deducting rebate u/s. 88E of the Act. Accordingly, the income of the assessee was also computed under Section 115JB of the Act. The Assessing Officer while making the assessment under Section 115JB of the Act, stated that rebate under Section 88E of the Act is not allowable to the assessee while computati....