2013 (10) TMI 1418

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....   (Per the Hon'ble the Chief Justice Sri Kalyan Jyoti Sengupta) This appeal is preferred against the judgment and order, dated 30.10.2012, passed by the learned Tribunal in I.T.A.No. 331/Vizag/2011 and sought to be admitted on the following suggested questions of law. (i) In the facts and circumstances of the case, whether the Hon'ble Tribunal (ITAT) is correct in law in uphol....

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....arification contained in the instructions in spite of the mention in the said instructions that appropriate amendment are being issued? (iii) In the facts and circumstances of the case, whether the Hon'ble Tribunal (ITAT) is correct in law in upholding the exemption claimed under Section 10AA of the Income Tax Act when the respondent - assessee was not involved either in manufacture or pr....

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....) is correct, we do not upset the same. Moreover, it appears that the learned Tribunal has noted the ratio of the decision of the Kerala High Court in the case of Girnar Industries vs. CIT (230 CTR 401) which also covers the field, and it is not argued before the learned Tribunal that the said judgment has no manner of application to the facts and circumstances of the case. The argument advance....