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2017 (8) TMI 1069 - HC - Income TaxClaim of deduction under Section 80HH - exercise of powers under Section 254(2) by tribunal - Held that:- As could be noticed from the specific findings of the AO in respect of the subsequent assessment year the assessee appears to have not maintained separate books of account in respect of its Medak unit. Had there been separate books of account a specific contention would have been raised in this year also either before the AO or before the CIT(A) or in the grounds of appeal before the Tribunal. Thus, it has to be assumed that the assessee has not maintained separate accounts for its Medak unit but the fact remains that by the powers vested under Section 254(2) the Tribunal cannot look into some other circumstances to reconsider the matter or to review the matter. So long as the overall judgment of the Tribunal is based on proper logic, even if there is an error of judgment that by itself cannot give rise to exercise of powers under Section 254(2) of the Act. We find to be in consonance with the language of Section 80HH of the Income Tax Act, which enables claiming deduction in respect of profits and gains from newly established industrial undertaking or hotel business in backward areas, that no substantial question of law arises for determination and consideration in this Appeal. Such findings of fact, cannot be termed as perverse or vitiated by any error of law apparent on the face of record.
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