Just a moment...

Report
FeedbackReport
Bars
×

By creating an account you can:

Logo TaxTMI
>
Feedback/Report an Error
Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2007 (11) TMI 287

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

..... T.L.V. Iyer, Senior Advocate (Subramonium Prasad, Jay Kishore Singh and Vivek Gupta, Advocates, with him) for the respndent. ORDER 1. This civil appeal is directed against the judgment of the Division Bench of the High court of Kerala dated 9th June, 2003 in I. T. A. No. 240 of 2002. 2. The short question which arises for determination in this civil appeal is as follows : "Whether, on fact....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....-A. Chapter VI-A is again divided into various sub-chapters. We are concerned with sub-chapter C which refers to deductions in respect of certain incomes. Under section 80HH(1), it is stipulated that where the gross total income of an assessee includes any profits and gains derived from industrial undertaking to which the section applies then there shall be allowed in computing the total income of....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....to demonstrate that if an assessee claims that he is the processor who has outsourced some of its activities to its sister concern then the nature of the activity undertaken by the industrial undertaking has got to be demonstrated by the assessee who claims deduction under section 80HH(1). 8. In the present case, the assessee who has claimed deduction has not given any particulars regarding the a....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....ssessee's own factory situated/located in the backward area and to that extent we do not wish to disturb the findings given by the Assessing Officer as well as by the Commissioner of Income-tax (Appeals). 9. None of the above aspects have been considered in the impugned judgment by the High Court. Even the Tribunal in the present case has merely stated in its order that the assessee is entitled t....