2012 (3) TMI 678

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..... P.C. : 1 This is an Appeal by the Revenue under Section 260A of the Income Tax Act, 1961 from an order of the Income Tax Appellate Tribunal dated 29 May 2009 in relation to Assessment Year 199596. The questions of law framed by the Revenue are as follow:( (1) Whether on the facts and circumstances of the case, and in law the ITAT was justified in holding that 90% of the income by way of leas....

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....t qualify for separate deduction u/s 80I of I.T. Act, 1961; and (4) Whether on the facts and circumstances of the case, and in law the Tribunal was justified in not applying the ratio of Hon'ble Kerala High Court's decision in the case of Periyar Chemicals Ltd. v/s CIT reported in 226 ITR 467 which is squarely applicable to the facts of this case. 2 As regards the first question, the Tribunal....