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TMI Blog2008 (6) TMI 178X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee is dismissed - 373 of 1999 - - - Dated:- 17-6-2008 - D. A. MEHTA and H. B. ANTANI JJ. J. P. Shah for the appellant. Manish R. Bhatt for the respondent. JUDGMENT The judgment of the court was delivered by D. A. MEHTA J.- This appeal was admitted after formulating the following substantial question of law: "Whether, on the facts and in the circumstances of the case, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... be reduced by deducting the amount of unabsorbed depreciation carried forward and investment allowance. 3. Being aggrieved, the assessee carried the matter in appeal before the Commissioner (Appeals), who, for the reasons stated in his order, confirmed the action of the Assessing Officer. In second appeal also, the assessee could not succeed. The Tribunal followed the decision of the apex cour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of Synco Industries Ltd. v. Assessing Officer (Income-tax) [2008] 299 ITR 444, the apex court has discussed the scheme of the Act with reference to the provisions of section 80B(5) of the Act which defines "gross total income". The controversy before the court was in relation to working out the deductions under sections 80HH and 80-I of the Act-whether such deductions are allowable before set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 0): "Section 80AB is also in Chapter VI-A. It starts with the words 'where any deduction is required to be made or allowed under any section of this Chapter'. This would include section 80HHC. Section 80AB further provides that 'notwithstanding anything contained in that section'. Thus, section 80AB has been given an overriding effect over all other sections in Chapter VI-A. Section 80HHC does ..... X X X X Extracts X X X X X X X X Extracts X X X X
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