2018 (11) TMI 1659

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....anding Counsel For the Respondent : None JUDGMENT (Delivered by T.S. Sivagnanam, J.) This appeal, by the Revenue, is directed against the order of the Income-tax Appellate Tribunal "D" Bench, Chennai, dated 18.05.2007, in I.T.A.No.2475/Mds/2006 for the assessment year 2002-03. 2. The above appeal has been admitted on 28.01.2009, on the following substantial questions of law:- "(i) Whether....

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....:: (2012) 340 ITR 593. The operative portions of the judgment read as follows:- "4. In the said judgment of the Special  Bench, which squarely applies to the facts of the present case, the Tribunal held that the deduction under Section 80-HHC (Section 80-HHE also falls in Chapter VI-A) is to be worked out not on the basis of regular income tax profits but it has to be worked out on the bas....

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....e Explanation to Section 115-JA, clause (ix). In our view, the judgment of the Special Bench of the Tribunal in Syncome Formulations squarely applies to the present case. Following the view taken by the Special Bench in Syncome Foundations, the Tribunal in the present case came to the conclusion that deduction claimed by the assessee under Section 80- HHE has to be worked out on the basis of adjus....

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....ial questions of law Nos.3 and 4 are concerned, the same has also been answered by the Hon'ble Supreme Court holding that the provision, namely, Section 234D of the Act, though was inserted by the Finance Act, 2003 with effect from 01.06.2003, by virtue of the Explanation 2, which was inserted by the Finance Act, 2012 with retrospective effect from 01.06.2003 and will apply to all pending asse....