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2005 (1) TMI 37 - HC - Income TaxApplicability of section 154 - "1. Whether, Tribunal is justified in holding that the CIT (Appeals) was correct in exercising power u/s 154, when the facts as to the application of notification required investigation? 2. Whether, Tribunal is justified in holding that the Notification No. S. O.1953 dated June 23, 1992, when it was not in existence on the first day of the assessment year, i.e., April 1, 1992? 3. Whether Tribunal was justified in holding that an industry, though, established in a rural area and also commenced its production, can be denied benefit of section 80HHA on the ground that the area in the instant AY 1992-93 has ceased to be a rural area?" - In the absence of non-compliance with the statutory requirements contained in section 80HHA, the Assessing Officer was perfectly justified in not granting the benefit, so was the CIT (Appeals) who was justified in later withdrawing it by taking recourse to the provisions of section 154 – Assessee’s appeal dismissed
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