9911796707
TMI Blog1994 (11) TMI 23X X X X Extracts X X X X X X X X Extracts X X X X ..... Tribunal to draw up a statement of case and refer the following question for the opinion of this court : " Whether, on the facts of the case, the Tribunal was justified in allowing deduction under section 80HH when a specific finding was recorded by the Income-tax Officer that the assessee contravened the conditions laid down in section 80HH(2) more particularly in clause (iii) of sub-section ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the second appeal following the Bench decision of this court in CIT v. N. C. Budharaja and Co. [1980] 121 ITR 212, which decision had been rendered in respect of the self-same assessee, as it was conceded by the Department that the aforesaid decision would apply. But that decision was under challenge before the Supreme Court. The Revenue, therefore, filed an application before the Tribunal to ref ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for the assessee, on the other hand, contended that the decision of the Supreme Court referred to is distinguishable on the facts and has no binding force in the present case. But on being asked he could not point out any point of distinction. Their Lordships of the Supreme Court have fully analysed the provisions of section 80HH of the Income-tax Act and have laid down the pre-conditions to be sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce article means a piece of property, the learned judges said it can as well mean immovable property. Accordingly, they held, a dam is also an article. In our opinion, the High Court was not right in dissociating the said word from its context, viz., the preceding words, which has led them to attach an unnatural meaning to the said word." In view of the aforesaid pronouncement of the apex court ..... X X X X Extracts X X X X X X X X Extracts X X X X
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