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2021 (9) TMI 1514

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..... and gains of business before computing ? - HELD THAT:- It is not disputed before us that the above substantial questions of law were considered in the case of Micro Labs Ltd [ 2015 (12) TMI 708 - SUPREME COURT] In the light of the difference of opinion between the Hon'ble Judges, the matter has been directed to be placed before the Hon'ble Chief Justice of India, so that the matter can .....

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..... d 19.05.2016, passed by the Income Tax Appellate Tribunal, Madras D Bench, ( the Tribunal for brevity), in I.T.A.No.1742/Mds/2014 for the Assessment Year 2004-05. 2.The Revenue has raised the following substantial questions of law for consideration : 1.Whether on the facts and circumstances of the case, the Tribunal was right in holding that deduction under Section 80IA should not be de .....

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..... It is not disputed before us that the above substantial questions of law were considered by the Hon'ble Supreme Court in the case of Assistant Commissioner of Income Tax v. Micro Labs Ltd . reported in (2016) 380 ITR 0001 (SC) . In the light of the difference of opinion between the Hon'ble Judges, the matter has been directed to be placed before the Hon'ble Chief Justice of India .....

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..... Supreme Court in the reference made in Micro Labs Ltd. (supra). 7.For such reason, this Tax Case Appeal is allowed and the order passed by the Tribunal, as well as the Commissioner of Income Tax (Appeals), Large Taxpayer Unit, Chennai, are set aside and the matter is restored to the file of the Assessing Officer, who shall await the decision of the larger Bench of the Hon'ble Supreme Co .....

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