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2007 (11) TMI 676 - HC - Income TaxDisallowed deduction u/s 80AI - Activities carried out in dairy division constitute manufacturing activities ? - HELD THAT:- The revenue ought to have been aware that in case deduction was allowed in a particular year same could not have been denied during subsequent assessment years. The revenue ought to have, therefore, challenged the order passed by the assessing officer in the assessment year 1992-93. The revenue having not done so we are of the considered opinion that no fault can be found with the order passed by the Tribunal which is impugned in the present appeal. Since we are dismissing the appeal by placing reliance upon the Judgment in CIT vs. Paul Brothers [1992 (10) TMI 5 - BOMBAY HIGH COURT] we do not deem it necessary to go into the issue as to whether the activities carried out by the assessee in dairy division constitute manufacturing activities or not. We do not deem it necessary to refer to several authorities relied upon by Mr. Parchure in support of the submission that the activities carried out by the assessee are not manufacturing activities. Interest on cash credit - HELD THAT:- We find that the Tribunal was justified in relying upon its own order by which addition made by the assessing officer was held to be unwarranted. We are, therefore, of the considered opinion that there is no illegality or perversity in the order passed by the Tribunal warranting interference in appeal under Section 260A of the Act. We also find that no substantial question of law is involved in the present appeal. Hence the appeal is dismissed.
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