2011 (6) TMI 963

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ri A. K. Garodia. A.M.BU This is a Revenue's appeal directed against the order of the Ld. CIT (A)-VI, Ahmedabad dated 27-12-2010 for Assessment Year 2004-05. 2. The grounds raised by the Revenue are as under:- "1. The Ld. CIT(A) erred in law and on facts in directing the AO to re-compute the book profit u/s/ 115JB by reducing eligible profit u/s. 80HHC instead of deductible profit, ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....m the book profit and not to restrict amount of deduction to the extent of 30% of profit as provided in sub-section (1B) of section 80HHC of the I.T. Act. The Assessing Officer has referred to the judgment of the Hon'ble apex Court in the case of Goetze (India) Ltd. vs. CIT reported in 284 ITR 323 wherein it was held that there are no provision under the Income tax Act to make amendment in the ret....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n appeal before us. 4. It is submitted by the Ld. D.R. of the Revenue that in view of the Judgment of Hon'ble Apex Court in the case of Goetze (India) Ltd. (supra), the claim of the assessee without filing a revised return of income should not be accepted. The Ld. A.R. of the assessee supported the order of the Ld. CIT (A). 5. We have heard the rival submissions and perused the material on r....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....e (India) Ltd. (supra), does not come in the way. Hence, we find no merit in this claim of the Revenue that Ld. CIT (A) should not have directed the A.O. to entertain this claim of the assessee. We feel so because A.O. himself has stated in the assessment order that although the claim of the assessee is genuine but the same is not entertained because of the judgment of Hon'ble apex court rendered ....