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2023 (9) TMI 984

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..... Ltd . [ 2015 (12) TMI 708 - SUPREME COURT] is yet to attain finality. HELD THAT:- Considering the submissions made by the learned counsel appearing for both sides and also following the aforesaid judgment of this court in M/s.Carborandum Universal Ltd [ 2021 (9) TMI 1514 - MADRAS HIGH COURT] - we are inclined to dispose of this appeal in the same lines. Accordingly, the orders of the authori .....

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..... law: Whether under the facts and circumstances of the case, the Income Tax Appellate Tribunal was correct in holding that the deduction under section 80IB of the Act was not be reduced before calculating the eligible deduction under section 80HHC of the Act. 2. Today, when the matter was taken up for consideration, the learned counsel appearing for both sides jointly submitted that in an .....

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..... ether on the facts and in the circumstances of the case, in view of Section 80IA(9), Tribunal was justified in holding that the assessee is entitled to simultaneous deduction under Section 80HHC and 80IB on the same profits? ... 4. 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 Commission .....

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..... at it would be unnecessary to keep this appeal pending before this Court, instead of which, the matter can be restored to the file of the Assessing Officer, so as to enable him to await the decision of the larger Bench of the Hon'ble 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 .....

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