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TMI Blog2013 (6) TMI 844X X X X Extracts X X X X X X X X Extracts X X X X ..... h &Co. 24-06- 2013 ORDER This appeal by the Revenue under Section 260A of the Income Tax Act, 1961 (in short "the Act") arises from the order dated 24 January 2008 passed by the Income Tax Appellate Tribunal (in short "Tribunal") in ITA No.218/Mum/05 for assessment year 200102. 2) The revenue has proposed the following questions of law for the consideration of this Court. a) Whether on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent is entitled to set off the deduction u/s.80IA of the Act against the gross total income computed and not against the net business income only? e) Whether on the facts and circumstances of the case and in law the ITAT is right in holding that the provisions of Section 115JB of the Act are not applicable in the case of the respondent and that the tax levied u/s. 115JB of the Act on the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions, the learned Counsel for the revenue states that after this appeal was adjourned on earlier occasion, he had sought instructions/information from the department on the above query by letter dated 15 April 2013. However, there has been no response from the department. Learned Counsel for the assessee also states that assessee has not received any notice of any appeal in respect of the above ye ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is Court, we see no reason to entertain Question (d). 5) As regards Question (e), we are informed by the Counsel for the parties that Income Tax Appeal (L) Nos.1195 of 2012 and 1196 of 2012 in the matter of CIT v/s. Union Bank of India has already been admitted on 22 January 2013 by this Court on a similar question of law. Hence, in view of the above the appeal is admitted in respect of question ..... X X X X Extracts X X X X X X X X Extracts X X X X
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