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2013 (1) TMI 671 - HC - Income TaxDetermination of Gross Total Income - whether ITAT was justified in allowing deduction u/S 80HH and 80I by considering the gross income from the two units of the appellants, namely, flour mill unit, Itarsi and solvent extraction plant, Khandwa in violation of section 80AB - Held that:- As decided in Synco Industries Ltd. v. Assessing Officer (Income-tax) [2008 (3) TMI 13 - SUPREME COURT] Gross total income of the assessee has first got to be determined after adjusting losses etc., and if the gross total income of the assessee is 'Nil' the assessee would not be entitled to deductions under Chapter VI-A. Remand the case for deciding the factual and legal issue involved in this appeal afresh in the light of the law laid down by the Supreme Court referred to supra as undoubtedly, this decision was rendered after the impugned decision of the Tribunal was passed in this case and, therefore, the Tribunal did not. have an occasion and nor the benefit to examine the question involved in this appeal.
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