2003 (1) TMI 15 - HC - Income Tax

1. Whether Tribunal was legally correct in holding that the order of the Income-tax Officer had got merged in the order of the Commissioner of Income-tax (Appeals) and therefore the Commissioner of Income-tax had no jurisdiction to revise that order? 2. Whether Tribunal was right in law in holding that even on merits the assessee was entitled to deduction under section 80HH of the Act? - In our opinion the first question has to be answered in favour of the Department in view of the amendment of section 263(1) Explanation (c) of the Income-tax Act as amended by the Finance Act of 1989 - As regards the second question referred to us it has to be decided in favour of the assessee since the finding of the Tribunal is that the assessee has complied with all the conditions in section 80HH and this is a finding of fact.

Summary

The High Court of Allahabad addressed two questions regarding Income-tax Act, 1961. The first question favored the Department, citing an amendment and Supreme Court interpretation. The second question favored the assessee, based on compliance with section 80HH conditions.