2011 (2) TMI 1639

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.... AND HON'BLE MR. JUSTICE RAVI MALIMATH For the Appellants: (By Sri. K.V. Aravind, Advocate for Sri. M.V. Seshachala. For the Respondent: (By Sri. S. Parthasarathi & Sri. K. Malla Rao, Advocates. JUDGMENT PER This appeal is by the revenue, challenging the order passed by the tribunal, which held, that the assessee is entitled to the benefit of deductions both under Section 80IA as w....

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....me Tax Act. Failure on the part of the assessing officer in not invoking the provisions of Section 80IA (9) of the Income Tax Act, while allowing deductions under Section 80HHC is erroneous and prejudicial to the interest of the revenue. Aggrieved by the same, assessee preferred an appeal to the tribunal. 4. The tribunal after looking into the computations made by the assessing officer held tha....

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....r Section 80IA as well as Section 80HHC? 6. The said question is no more res-integra. This court in the case of The Commissioner of Commercial Taxes Vs. Mallipore India Put. Ltd., (ITA No. 674/2007 & connected matters disposed of on 03.02.2011), after reviewing the relevant provisions of law as well as the various judgments of the High Courts, has held that the assessee is entitled to the benef....