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2015 (5) TMI 227 - HC - Income TaxQualifying amount for deduction u/s.35D - whether the quantum of deduction admissible under the section for a period of ten successive years at the rate of 1/10th of the expenditure having been fixed and become final in the initial year, the amount of such deduction can be varied in any subsequent year? - Held that:- The amount deductible under sub-section 1 of Section 35D is subject to the provisions contained in Sub-section 3 of Section 35D. The provision contained in Sub-section 3 provide an outer limit. Therefore, there can be no dispute nor has Mr. Khaitan, learned Senior Advocate disputed that deduction under Section 35D cannot be in excess of the provision contained in Sub-section 3 which is 2.5% of the total capital employed. One special variety of estoppel is res judicata. This results from the rule which prevents the parties to a judicial determination from litigating the same question over again, even though the determination is demonstrably wrong. But res judicata in this branch of law is bound to yield to two fundamental principles of public law: that jurisdiction cannot be exceeded; and that statutory powers and duties cannot be fettered. The jurisdiction of the CIT (A) in its order dated 29th May, 1998 extended merely to the assessment year 1995-96. The assessment year 1996-97 is a separate unit and that assessment cannot be made otherwise than in accordance with law. - Decided in favour of the revenue
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