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TMI Blog2013 (11) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... eena, Accountant Member :- This appeal filed by the revenue arises out of the order of CIT (Appeals)-VIII, New Delhi dated 25.06.2010 for the assessment year 2007- 08. The grounds of appeal read as under :- "1. The order of the learned CIT (Appeals) is erroneous & contrary to facts & law. 2. On the facts and in the circumstances of the case and in law, the learned CIT (Appeals) has erred in dir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch 'E' in the case of DCIT vs. M/s. MBL & Co. Ltd. in ITA No.2478/Del/2010 vide order dated 21.04.2011. He further pleaded that the prescribed form for filing the return of income provides that the rebate under section 80E is allowable for computation of tax liability. Part B - TTI of return, which is available at page 39 of the paper book placed on record, clearly shows that rebate under section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erm 'total income' has been defined under the Income Tax Act, 1961 as "the total amount of income referred to in section 5, computed in the manner laid down in this Act." Section 5 of the Income Tax Act, 1961 defines the scope of the total income of a resident or a non-resident person. The total income of the assessee has to be computed under the regular provisions of the Income Tax Act, 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... omputed after arriving at the total income of the assessee and section 87 of the Income Tax Act, 1961 does not differentiate between the total income computed under the regular provisions of the Act or under section 115JB of the Income Tax Act, 1961. Even though the sub section (1) of section 115JB starts with the non-abstante clause, "Not withstanding anything contained in any other provision of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and the Assessing Officer is directed to give rebate under section 88E for the STT paid by the assessee." After hearing both the sides and going through the issue raised in the appeal and the decision of ITAT, cited supra, and considering the fact that the Part B-TTI of return of income (at page 39 of paper book) shows that rebate u/s 80E (4 of Schedule - STTC) available to the assessee. Rule 12 ..... X X X X Extracts X X X X X X X X Extracts X X X X
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