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TMI Blog2014 (9) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... ot even furnished before the Hon'ble Court - The presumption arises that assessee neither possesses the certificates nor have particulars as required by law - When it is so, then, there is no reason to interfere with the impugned order passed by the Tribunal – Decided against assessee. - Income Tax Appeal No. - 112 of 2001 - - - Dated:- 22-8-2014 - Hon'ble Tarun Agarwala And Hon'ble Dr. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Corporation/Company, the Income Tax Appellate Tribunal was legally correct in holding that in the absence of a Certificate in form10-C under Rule 18-B of the Income Tax Rules, the claim of the appellant Corporation was inadmissible under Section 80-HH(5) of the Act? (iii) Whether on the facts and circumstances of the case the Income Tax Appellate Tribunal was legally correct in holding that in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith this background, we heard Shri R.S. Agrawal, the learned counsel for the appellant and Shri Shambhu Chopra, the learned counsel for the Department and perused the material available on record. During the course of argument, the learned counsel for the assessee has submitted that on 17.4.1991, an application was moved under Section 154 alongwith the required certificates. But till date, no o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... resumption arises that assessee neither possesses the said certificates nor have particulars as required by law. When it is so, then, there is no reason to interfere with the impugned order passed by the Tribunal. The same is hereby sustained alongwith the reasons mentioned therein. We, accordingly answer the substantial questions of law in favour of the Department and against the assessee. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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