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2017 (2) TMI 1273 - HC - Income TaxRelevant assessment years for the purpose of Section 10A (4) and/or Section 10A (6) - Held that:- We are of the opinion that this matter requires reconsideration because one thing is clear on fact that the assessee had not claimed any benefit or any deduction in respect of the years 1993-94, 1994- 95, 1995-96. It is also clear that no exemption was granted to the assessee. Although, the respondent has sought to argue that a specific bar was created by the 2001 amendment by which the right of the assessee to seek anything beyond 1st April, 2001 was not there and his rights stood extinguished or exhausted by way of deemed in fiction, we are unable to agree with that because the amendment, which came thereafter, allowed ten years relief. The intent of the legislature while making these amendments was certainly not to curtail relief to an assessee, who had not availed double benefit. Thus the matter requires reconsideration by the Tribunal it may clarify the facts of the case fully and give to both parties an opportunity of hearing and pass fresh orders in accordance with law
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