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2003 (3) TMI 13 - KERALA HIGH COURTBenefit u/s 80HHA? By the new Explanation (b) inserted by the Finance Act, 1999, with retrospective effect from 1st April 1978, an industrial undertaking shall be deemed to be a small-scale industrial undertaking which is, on the last date of the previous year regarded as a small-scale industrial unit under section 11B of the Industries (Development and Regulation) Act, 1951. - it is a matter for consideration by the Assessing Officer as to whether the assessee satisfies the provisions of clause (b) of the Explanation to section 80HHA added by the Finance Act, 1999, with retrospective effect from April 1,1978 - Assessing Officer to decide this question afresh in the light of Explanation (b) to section 80HHA inserted by the Finance Act, 1999, with retrospective effect from 1st April, 1978, and to pass a fresh assessment order in accordance with law
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