TaxTMI 
TaxTMI 
2019 (6) TMI 920
X X X X Extracts X X X X
X X X X Extracts X X X X
....artment had filed the appeal u/s 260A of the I.T.Act to the Hon'ble High Court of Kerala. The Hon'ble High Court of Kerala vide its judgment dated 07.08.2018 restored the following issues to the Tribunal for fresh consideration:- (i) deduction u/s 80HHC of the I.T.Act, and (ii) claim of deduction u/s 10A of the I.T.Act. 2. Subsequent to the Hon'ble High Court's judgment, the Tribunal disposed off the appeal vide its order dated 06.03.2019. The assessee being aggrieved by the findings of the Tribunal with regard to deduction u/s 10A of the I.T.Act, has filed the present Miscellaneous Application. The content of the M.A. reads as follow:- 1. The H'ble ITAT, Cochin Bench passed an order on 06.03.2019, on th....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... the H'ble High Court was to examine whether the assessee had claimed and obtained the exemption in the years earlier to the amendment to sec. 1OA in the Finance Act 2000 w.e.f 0 1.04.2000. 3. The effect of the order of the High .Court was that if the appellant had claimed u/s.10A and the AO allowed the same under the provisions of Sec.10A, which stood prior to the amendment, the appellant continues to get the benefit for the unexpired period, even though the law was amended subsequently. 4. The H'ble ITAT heard the matter and issued the order on 06.03.2019. In the said order, the Bench held that in principle the assessee is eligible to benefit of claim u/s.1OA of the Act for the AY 2002- 03, even after the amendme....
X X X X Extracts X X X X
X X X X Extracts X X X X
....tension the order of the High Court. 6. Hence the observation of the H'ble Bench is an error apparent from record to the above extent. Therefore, it is humbly prayed that the H'ble Bench may kindly revise its order in accordance with the direction of the H'ble High Court and issue the order afresh." 3. The learned AR relied on the content of the M.A. The learned Departmental Representative submitted that there is no mistake apparent in the order of the Tribunal dated 06.03.2019 requiring rectification. Hence, it was prayed that the present M.A. filed by the assessee be dismissed. 4. We have heard the rival submissions and perused the material on record. To understand the issue raised in this Miscellaneous....
X X X X Extracts X X X X
X X X X Extracts X X X X
..../s. 10A of the I.T. Act and the Assessing Officer had allowed the same under the provisions of section 10A which stood prior to the amendment, the assessee continues to get the benefit of deduction for the unexpired period even though the law was amended subsequently. The Tribunal, in pursuance to the direction of the Hon'ble High Court passed order on 06.03.2019. In the said order of the Tribunal, it was held in principle that the assessee was eligible to the benefit of claim u/s. 10A of the Act for the assessment year 2002-2003, even after amendment to section 10A of the I.T. Act. Further, the ITAT stated that deduction u/s. 10A of the I.T. Act cannot be granted if it relates to Individual Quick Freezing (IQF), even though it relates to u....
X X X X Extracts X X X X
X X X X Extracts X X X X
....eriod of ten consecutive assessment years. 4. We deem it fit that the proviso be extracted herein: "Provided that where in computing the total income of the undertaking for any assessment year, its profits and gains had not been included by application of the provisions of this section as it stood immediately before its substitution by the Finance Act, 2000, the undertaking shall be entitled to deduction referred to in this sub-section only for the unexpired period of the aforesaid ten consecutive assessment years." Admittedly, the assessee had been enjoying the benefit prior to Finance Act, 2000 on the basis of the provision as it existed before substitution. The proviso makes it clear that such persons who had t....