9911796707
TMI Blog1990 (4) TMI 3X X X X Extracts X X X X X X X X Extracts X X X X ..... islature intends to give the Board a say in the construction of section 80-0. It is only if the under standing of section 80-0 by the Board shows an error of law apparent on the face of the record that the court would interfere with the rejection of an application for approval by the Board. If the manner in which the Board understands the meaning and scope of section 80-0 is reasonable and is in keeping with the object of section 80-0, the court may not interfere. The Board's impugned order, thus, requires to be examined from this point of view. The Board has, admittedly, refused to approve the agreement on the ground that the activities contemplated under the agreement are of the type covered by section 80HHB and not on the ground that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , equipment and components for manufacture of sulphuric acid of 50 metric tonnes per day capacity based on Conventional Contact Sulphuric Acid Plant Process (known as "C. C. Plant") to South Pacific Viscose in the name and on behalf of Zenith. The agreement with Zenith refers to separate agreement to be entered into between the petitioner and South Pacific Viscose. Zenith's agreement with South Pacific Viscose is not on record. In the circumstances, it is necessary but not possible to ascertain in these proceedings the exact nature of services rendered by the petitioner to South Pacific Viscose under the agreement dated May 14, 1981. Detailed examination of all the three agreements might be necessary. All this can be appropriately done by t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in this context meant any and every assessment year including not only assessment year 1982-83 but also earlier assessment years. In my judgment, this submission on behalf of the Revenue is not tenable in law. In order to construe a sub-section, one has to read the whole section. Reading section 80HHB as a whole, there does not appear to me to be any scope for doubt that this section was inserted in the Income-tax Act to provide relief to certain assessees who were otherwise, in the opinion of the Legislature, not till then entitled to any relief. Since relief contemplated under section 80HHB was available from the assessment year. 1983-84 and onwards only, subsection (5) was enacted to ensure that those entitled to relief under the sectio ..... X X X X Extracts X X X X X X X X Extracts X X X X
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