2008 (12) TMI 734 - HC - Income Tax

Summary

Issues involved: Claim of deduction u/s 80HHBA for assessment years 2000-01, 2002-03, 2003-04, and 2004-05.

Summary:

Assessment Year 2000-01, 2003-04, and 2004-05:
The assessee had claimed deduction u/s 80HHBA for these years, and the claim was allowed by the Assessing Officer through assessment orders passed u/s 143(3). The counsel for the assessee argued for non-interference with the tribunal's order based on the rule of consistency. The appellant's counsel sought time to verify the facts but could not deny the veracity of the statement made by the assessee's counsel. Consequently, the High Court upheld the tribunal's decision, dismissing the appeal.

Assessment Year 2002-03:
For this year, the petitioner filed a return claiming the benefit of Section 80HHBA, which was processed under Section 143(1). The counsel for the assessee argued for consistency in decision-making, and the appellant's counsel sought to raise issues on merits. However, based on the rule of consistency, the High Court decided not to interfere with the tribunal's order, ultimately dismissing the appeal.