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2015 (8) TMI 525 - SC - Income TaxExistence of substantial questions of law - whether deductions to be made under Section 80IB of the Income Tax Act, 1961 were allowable on facts? - Held that:- We find that as a matter of fact what assessee has argued before us is reiterated by the very Division Bench which heard and reserved judgment on 16.09.2010 (9) TMI 679 - GAUHATI HIGH COURT ]. By the review order dated 08.04.2013 [2013 (12) TMI 369 - GAUHATI HIGH COURT ], the Division Bench felt that it should not have gone into the matter at all given the fact that on an earlier occasion, before 16.09.2010, it had reserved judgment on whether substantial questions of law in fact exist at all or not. This being the case, in a lengthy order the very Division Bench has thought it fit to recall its own earlier judgment. In the above circumstances, we do not feel inclined to interfere with the impugned judgment in view of what has been recorded in the impugned judgment dated 08.04.2013 [2013 (12) TMI 369 - GAUHATI HIGH COURT] Whether transport subsidies were or were not available together with other incentives - Held that:- Insofar as the second question is concerned, we accept the submission of assesssee that High Courts being Courts of Record under Art. 215 of the Constitution of India, the power of review would in fact inhere in them. This was in fact so decided in a slightly different context while dealing with the power of review of writ petitions filed under Art.226 by a judgment reported Shivdeo Singh & Ors. Vs. State of Punjab and Ors. [1961 (2) TMI 65 - SUPREME COURT] wherein held that there is nothing in Art. 226 of the Constitution to preclude a High Court from exercising the power of review which inheres in every court of plenary jurisdiction to prevent miscarriage of justice or to correct grave and palpable errors committed by it. We are in respectful agreement with what is stated in the aforesaid judgment. Apart from what has been said by us, it is also clear that on a cursory reading of Section 260A (7), the said Section does not purport in any manner to curtail or restrict the application of the provisions of the Code of Civil Procedure. Section 260A(7) only states that all the provisions that would apply qua appeals in the Code of Civil Procedure would apply to appeals under Section 260A. That does not in any manner suggest either that the other provisions of the Code of Civil Procedure are necessarily excluded or that the High Court's inherent jurisdiction is in any manner affected.
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