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2003 (12) TMI 15 - HC - Income TaxRefusal by the Tribunal to refer the questions of law to this court - excess deduction under sections 80HH and 80-I - Commissioner of Income-tax considered the assessment as erroneous and prejudicial to the interests of the Revenue and passed order u/s 263 – thereafter the Assessing Officer had passed an order under section 154, in which no modification on the point of excess deduction under sections 80HH and 80-I on account of non-exclusion of transport receipts and interest from the total income was made - Tribunal held that the Commissioner of Income-tax lacked jurisdiction under section 263 to modify the assessment order after the rectification order was passed under section 154 of the Act by the Assessing Officer inasmuch as the assessment order which was passed on the earlier occasion on March 10, 1995, ceased to exist. - we are of the considered opinion, that no substantial questions of law really arise for directing the Tribunal to refer the questions to this court. – Revenue appeal dismissed
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