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2024 (2) TMI 489 - AT - Income TaxDeduction u/s 80HHC as arriving on the book profit u/s 115JA of the Act after allowing the carry forward loss and unabsorbed depreciation - HELD THAT:- We respectfully follow the direction of the Hon’ble Apex Court in the case of Bhari Information Technology Systems Pvt. Ltd. [2011 (10) TMI 19 - SUPREME COURT] and Syncome Formations (I) Ltd.[2007 (3) TMI 288 - ITAT BOMBAY-H] The assessee is in appeal, against the order of the CIT(A), before the Tribunal which, following the judgment of the Special Bench of the Tribunal in the case of Syncome Formulations (I) Ltd. took the view that the MAT scheme which includes Section 115JA did not take away the benefits given under s. 80HHC. The entire issue related to additional ground are remitted back to the file of Ld. AO for the computation u/s 80HHC after considering the judgment of Hon’ble Apex Court (supra) and Special Bench of Mumbai Tribunal (supra). Needless to say, the assessee should get a reasonable opportunity of hearing in the set aside proceedings.
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