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TMI Blog2014 (11) TMI 886X X X X Extracts X X X X X X X X Extracts X X X X ..... 1961 has been filed against the judgment and order dated 02.08.1999 passed by the Income Tax Appellate Tribunal, Ahmedabad in ITA No.2800/AHD/1993. 2. Though the appeal was filed way back in the year 1999, it was not moved for more than ten years. Thereafter, MCA No.80/2000 was filed for restoration of the appeal, which was dismissed for default and vide order dated 07.03.2011, the appeal was re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of law: "Whether the Appellate Tribunal is right in law and on facts in directing to allow separate relief under sec. 80HH and 80I of the Act?" (3) Mr. R. K. Patel, learned Advocate, appearing on behalf of the respondent has invited the attention of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay. The Supreme Court further observed that decision of the Madhya Pradesh High Court in the case of J.P. Tobacco Products P. Ltd. Vs. C.I.T. was followed by the same High Court in the case of CIT v. Alpine Solvex P. Ltd. in I.T.A. No.92 of 1999 decided on May 2, 2000 and that special leave petition against the same was dismissed by the Supreme Court. The Court further observed that the aforesaid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rt had also decided the controversy in favour of the assessee by holding that while computing the profits for the purpose of availing deduction under section 80I of the Act, the profits and gains of the assessee's business are not required to be reduced by the deduction admissible under section 80HH of the Act. (4) Mr. M. R. Bhatt, learne ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , that is, in favour of the assessee and against the revenue. The Appellate Tribunal is right in law in directing to allow separate relief under sections 80HHA and 80I of the Income Tax Act, 1961. The appeal is, accordingly, dismissed with no order as to costs." 4. Since this Tax Appeal arises out of the same judgment and order of the Appellate Tribunal, it will be governed by the aforesaid judgm ..... X X X X Extracts X X X X X X X X Extracts X X X X
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