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COMMISSIONER OF INCOME TAX-VI Versus VISUAL TECHNOLOGIES INDIA PVT LTD - 2012 (1) TMI 12 - DELHI HIGH COURT - Income Tax
......... IC but the quantum of deduction is an incidental but an important aspect which must be considered and examined. The Tribunal did not examine the said aspect inspite of the factual matrix referred to and stated in the assessment order. The data and details in the assessment order remain uncontroverted and not adversely commented upon. The Tribunal without examination has upheld the order of the CIT(A), which entitles the assessee to claim deduction of Rs.83,60,017/- under Section 80-IC for the assessment year 2006-07. The question of quantum of deduction was not examined by the Tribunal. 12. Accordingly, the aforesaid question of law is answered in favour of the Revenue and against the assessee. 13. The matter is remitted to the Tribunal to decide afresh the quantum of deduction under Section 80IC of the Act. The appeal is disposed of. No costs. 14. Parties will appear before the Assistant Registrar of the Tribunal on 27th February, 2012, when a date of hearing will be fixed.