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TMI Blog2012 (11) TMI 349X X X X Extracts X X X X X X X X Extracts X X X X ..... d after reducing the deduction u/s. 80HHC or it has to be computed on stand alone basis. This Bench has given detailed findings on page nos. 2 & 3 and assessee's appeal has been dismissed on this ground but the assessee came in M.A. and which is reproduced as under: "1. The appellant above named files the present application for setting aside the order dated 23/03/2012 passed by this Hon'ble tribunal dismissing the appeal filed by the applicant. It is most respectfully submitted that in the said order of the Hon'ble ITAT, there are errors apparent on the record. 2. That the Hon'ble Tribunal proceeded to dismiss the appeal of the applicant confirming the order of ld. CIT(A) as in Para 4 on pages 2 :- "4. We have heard both the parties and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx xxxxxxxxxxxxxxxxxx" In this view of the matter, the position of the law in this behalf being clear as of now, we respectfully following the judgment of the Rogini Garments up and in agreement with decision of the ITAT, Ahmadabad in Cello Pens & Stationary Pvt. Ltd. (supra) confirm the order of ld. Cit(A) on this issue, and dismiss this ground of the assessee. 3. It is respectfully submitted that the ld. Senior Counsel for the appellant cited before the Hon'ble bench judgment of the Hon'ble Bombay High Court of Associated Capsules Pvt. Ltd. v. DCIT @ 332 ITR 42 that have taken a view in favour of the assessee. In that case, it was held by the Hon'ble Bombay High Court that the tribunal was not right in hold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e Hon'ble Tribunal be pleased to accept the prayer of the applicant/appellant by recalling and modifying the impugned order as stated above so as to appreciate the correct facts and relief be granted to the applicant by passing appropriate orders." 2. This Bench has not considered the case law referred by the A.R. for the appellant, namely, Hon'ble Bombay High Court decision in case of Associated Capsules Pvt. Ltd. v. DCIT @ 332 ITR 42 for A.Y. 03-04 order dated January 10, 2011 and Hon'ble Karnataka High Court decision in CIT v Millipore India Pvt. Ltd. @ 341 ITR 219 for A.Y. 01-02 order dated February 3, 2011, which are in favour of the appellant. However, this Bench has decided this ground of appeal against the assessee by relying on Sp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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