2003 (5) TMI 15

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.... On an application under section 256(1) of the Income-tax Act, 1961, the Tribunal has referred the following question for the opinion of this court: "Whether, on the facts and in the circumstances of the case, the Tribunal was right in holding that the assessee was entitled to deduction under sections 80HH and 80-I on the enhanced income, notwithstanding the fact that the enhanced income was no....

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....80-I of the Act on the enhanced income by way of excessive subsidy showing bogus sale and purchase in its accounts as that enhanced income was not earned out of the industrial activities carried out by the assessee-firm. In appeal before the Commissioner of Income-tax (Appeals), the Commissioner of Income-tax (Appeals) has also confirmed the view taken by the Assessing Officer that the relief u....

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....eriod, if an assessee is found to have involved itself in earning unaccounted money, it cannot be held disentitled from claiming the other statutory benefit which are available to it at that time for its carrying on business in the backward area." The facts are not in dispute that the deduction under sections 80HH and 80-I has been denied by the Assessing Officer on the income other than the in....