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TMI Blog2020 (8) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... Bench of the Tribunal in the case of ACIT vs. Goldmine Shares and Finance Pvt. Ltd. [ 2008 (4) TMI 405 - ITAT AHMEDABAD] . It cannot be disputed that the decision in the case of Goldmine Shares and Finance Pvt. Ltd. is no longer good law in the light of the decision of the Division Bench of this Court in the case of Velayudhaswamy Spinning Mills (P) LTD. vs. Assistant Commissioner of Income Tax ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt : Mr. T.R. Senthil Kumar, SSC M/s. K.G. Usha Rani Judgment was delivered by T.S. SIVAGNANAM,J We have heard Mr. A.S. Sriraman, learned counsel appearing for the appellant, Mr. T.R. Senthil Kumar, the learned Senior Standing Counsel and M/s.K.G.Usha Rani, learned counsel for the respondent. 2. This appeal, filed by the assessee under Section 260A of the Income Tax Act, 1961 ( the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction even though such an interpretation would defeat the purpose of the grant of the said deduction/benefit to the assessees engaged in developing wind energy farms? 3. Whether the Appellate Tribunal is right in law in ignoring the legal position that the provisions of Section 80 IA of the Act was not controlled by provisions of Section 80 AB of the Act especially in the context of sub secti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 5. Whether the Appellate Tribunal is correct in passing the order exparte without giving an opportunity of hearing while rejecting the prayer for adjournment without giving reason in para 2 of the impugned order? 4. The Tribunal in the impugned order discussed the assessee's appeal following the decision of the Special Bench of the Tribunal in the case of ACIT vs. Goldmine Shares an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that a remand is required in the matter, more particularly, when the assessment is of the year 2006. However, when the Assessing Officer gives effect to the decision of this Court answering the Substantial Questions of law in favour of the assessee, it will be well open to him to proceed in accordance with law. 7. In the result, the appeal is allowed, the impugned order is set aside and the Su ..... X X X X Extracts X X X X X X X X Extracts X X X X
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