2017 (9) TMI 1759

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....Appellant : Mr. Sanjay Jhanwar with Ms. Archana For the Respondent : Mr. Anuroop Singhi with Mr. Aditya Vijay ORDER 1. By way of this appeal, the appellant has assailed the judgment and order of the Tribunal whereby the Tribunal has allowed the appeal preferred by the department. 2. This Court while admitting the matter framed the following questions of law:- "i) On the facts ....

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....each other and therefore deductions under both the sections on the gross total income is to be computed independently and not on the reduced balance after taking into account the other deduction." 4. Counsel for the appellant contended that the issue no. 1 & 2 are covered by the decision of this Court in Tax Appeal No. 454/2008 (Mohan Fashions vs. ACIT), decided on 26th May, 2017, 10/2008 (M/s ....

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.... "Section 80HH and 80-I are independent of each other and therefore a new industrial unit can claim deduction under both the sections on the gross total income independently." 5. However, counsel for the respondent has pointed out that the same matter is referred to larger bench. 6. In our considered opinion, the issue is answered in favour of the assessee as on today on the b....