2013 (1) TMI 671

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..... violation of section 80AB - Held that:- As decided in Synco Industries Ltd. v. Assessing Officer (Income-tax) [2008 (3) TMI 13 - SUPREME COURT] Gross total income of the assessee has first got to be determined after adjusting losses etc., and if the gross total income of the assessee is 'Nil' the assessee would not be entitled to deductions under Chapter VI-A. Remand the case for deciding the f .....

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..... r, on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in allowing deduction under sections 80HH and 80-I of the Act by considering the gross income from the two units of the appellants, namely, flour mill unit, Itarsi and solvent extraction plant, Khandwa, in violation of section 80AB of the Act ?" 3. At the outset learned counsel appearing for the .....

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..... isions of the Supreme Court rendered after the decision of the Tribunal referred to in the said decision and then, the factual aspect of the matter has to be reexamined for giving a fresh finding on the issue arising in the case. It is possible only when the matter is remitted to the Tribunal for deciding the issue again. 5. We are, therefore, inclined to allow the appeal in part and while decli .....

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