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2002 (11) TMI 87 - HC - Income TaxAssessing Officer held that the assessee was not entitled to carry forward and set off the deduction under section 80HHC of the Act relating to the earlier years on the ground that the deduction cannot be carried for ward and his view was also confirmed by the Commissioner of Income-tax (Appeals) holding that section 80VVA of the Act was omitted from the statute book and therefore the assessee was not entitled to the relief claimed. - "Whether, on the facts and circumstances of the case, the Appellate Tribunal was right in law in directing the Assessing Officer to give set off of deduction under section 80HHC in the assessment year 1989-90 carried forward from the assessment years 1987-88 and 1988-89 by virtue of the restrictions imposed by section 80VVA of the Income-tax Act?" - We, hold that the Appellate Tribunal has come to the correct conclusion in holding that the assessee was entitled to claim the relief even though section 80VVA of the Act was omitted from the statute book by the Finance Act, 1987, with effect from April 1, 1988, and there are no grounds to interfere. Accordingly, the question of law referred to us is answered in the affirmative, against the Revenue
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