2007 (10) TMI 248

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....for the Respondent.  JUDGMENT The Judgment of the Court was delivered by K. RAVIRAJA PANDIAN J. - The Revenue has filed this appeal against the order of the Income Tax Appellate Tribunal made in ITA.No.1265/Mds/1993, dated 12.3.2001. The relevant assessment year is 1991-1992. 2. The facts as culled out from the statement go as follows:- 3. We heard the argument of the learned c....

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....r Section 80HH(9)  first deduction under Section 80HH was to be given and the balance amount only qualified for deduction under Section 80-I. On appeal, the Commissioner of Income Tax reversed the finding of the Assessing Officer and directed him to quantify the admissible relief under Section 80-I without adjusting the deduction allowed under Section 80HH. The revenue carried the matter on a....

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....80HH? 6. It is submitted across the bar by the learned counsel appearing for either side that the very issue has been considered and held against the revenue by the Madhya Pradesh High Court in the case of J.P.TOBACCO PRODUCTS P.LTD. VS. COMMISSIONER OF INCOME TAX reported in (1998) 229 ITR 123. It has also been further submitted that the Bombay High Court also has taken the same view in the ca....

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....(St.) 71). The decision in J.P.Tobacco Products P.Ltd. v. CIT (1998) 229 ITR 123 (MP) was followed by the same High Court in the case of CIT v. Alpine Solvex P. Ltd. in I.T.A.No.92 of 1999 decided on Ma;y 2, 2000. Special leave petition against this was dismissed by this curt on January 12, 2001, (see (2001) 247 ITR (St.) 36). This view has been followed repeatedly by different High Courts in a nu....