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TMI Blog2021 (4) TMI 698X X X X Extracts X X X X X X X X Extracts X X X X ..... Case Appeal stands disposed of on the ground that the assessee has already filed the requisite Forms 1 2 and the Department shall process the application at the earliest in accordance with the said Act and communicate the decision to the assessee at the earliest. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoratio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nder Section 115JB in view of amendment to that Section by Finance Act 2009 with retrospective effect from 01.04.2001? 3)Whether under facts and circumstances of the case, the Income Tax Appellate Tribunal was right in not holding that the provision for rebate debited by the assessee to its profit and loss account is only a provision and not written off and therefore is not allowable as deduction in computing income under normal provisions of the Income Tax Act? 4)Whether under facts and circumstances of the case, the Income Tax Appellate Tribunal was right in not holding that the income has accrued to the assessee on raising of invoice on the Tamil Nadu Electricity Board for the power generated and supplied by it, not withstanding th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cision to the assessee at the earliest. As observed, the assessee is given liberty to restore this appeal in the event the ultimate decision to be taken on the declaration filed by the assessee under Section 4 of the said Act is not in favour of the assessee. If such a prayer is made, the Registry shall entertain the prayer without insisting upon any application to be filed for condonation of delay in restoration of the appeal and on such request made by the assessee by filing a Miscellaneous Petition for Restoration, the Registry shall place such petition before the Division Bench for orders. 7. With this observation, the Tax Case Appeal stands disposed of with the aforementioned liberty and consequently, the Substantial Questions of La ..... X X X X Extracts X X X X X X X X Extracts X X X X
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