2009 (2) TMI 94

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..... on available under Section 36(i)(viii) - 100 of 1999 - - - Dated:- 17-2-2009 - D. A. MEHTA and S. R. BRAHMBHATT, JJ. Mr. B. B. Naik for the Appellant. Mr. S.N. Soparkar for the Respondent. JUDGMENT JUSTICE D. A. MEHTA - At the time of admission on 12.07.2000 the following substantial question of law was formulated by the High Court: "Whether, the Appellate Tribunal is right i .....

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..... er dated 04.04.1992, referred to his own appellate order dated 04.10.1991 for Assessment Year 1988-89. 4. When the revenue carried the matter further before the Tribunal, the Tribunal referred to its own order dated 03.08.1998 in assessee's own case relating to Assessment Year 1988-89. 5. At the time of hearing learned advocate for the respondent-assessee placed on record a copy of the said or .....

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..... or the appellant-revenue was not in a position to point out any distinguishing feature on facts so as to warrant a different view taken from assessee's own case for the year 1988-89. 8. Accordingly, it is held that the Tribunal was justified in holding that deduction under Section 80M of the Act was allowable on gross amount of dividend without deducting the proportionate deduction available und .....

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