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TMI Blog2014 (4) TMI 1309X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Tribunal which had attained finality. Thus, if the Revenue is questioning the quantum of relief granted to the assessee, the order available for revision would be the order dated 18.05.2005. When this is not subjected to any revision under Section 147 of the Act, we fail to understand how Revenue would be justified in sustaining its plea on its jurisdiction to revise the order under Section 147 of the Act. On this sole ground, we dismiss the Tax Case (Appeal) filed by the Revenue. - CHITRA VENKATARAMAN AND T.S. SIVAGNANAM, JJ. For the Appellant : Mr. T. Ravikumar, Standing Counsel For the Respondent : Mr. V.S. Jayakumar JUDGMENT CHITRA VENKATARAMAN, J. 1. Following are the questions of law raised in the Tax Case (Appeal) filed for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch confirmed the order of the Commissioner of Income Tax (Appeals) on 22.6.2007 in ITA. No. 842/Mds/2005. Admittedly this order of the Tribunal was not appealed against, hence, it attained finality. 3. It is a matter of record and as stated in the grounds of appeal before this Court too that the Assessing Officer passed an order giving effect to the order of the Commissioner of Income Tax (Appeals) on 18.01.2005 and granted deduction under Section 80IB of the Act as computed by the assessee at Rs. 47,00,000/-. Holding that the assessee was not entitled to the said deduction in entirety and that the deduction under Section 80IB of the Act had to be reduced by taking note of the carry forward unabsorbed depreciation of the assessment year 199 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Apex Court in the case of DCIT Vs. M/s. Simplex Concrete Piles (India) Ltd. in Civil Appeal No. 2329 of 2006 dated 11.09.2004 and the decision reported in 319 ITR 208 in the case of Mepco Industries Ltd. Vs. CIT and another, the Income Tax Appellate Tribunal rejected the Revenue's appeal and hence, the present appeal by the Revenue. 4. After considering the merits of the case canvassed by the Revenue, we do not think that we need to go into the above said decisions or the correctness of the Tribunal's order for the following reasons:- As already pointed out in the preceding paragraphs, the original assessment under Section 143(3) of the Act was completed on 22.09.2003, disallowing the claim for deduction under Section 80IB of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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