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2010 (4) TMI 16 - SC - Income TaxDeduction u/s 80-I - a notice under Section 154 was issued by the Department purporting to withdraw Section 80-I deduction in respect of the Assessment Year 1997-98. This order under Section 154 was challenged in Appeal by the assessee - The said Appeal was allowed in favour of the assessee by CIT(A) - Soon thereafter, on 20th March, 2002, the Department issued notice under Section 148 for the Assessment Year 1997-98 – Assessee filed writ petition against issuance of notice u/s 148 before Punjab and Haryana High Court – HC dismissed the petition giving liberty to the assessee herein to raise all objections, including the one relating to jurisdiction of the Assessing Officer to issue notice, before the proper forum - The impugned judgment has been challenged in this Civil Appeal, which now has come for hearing before this Court. – held that - During the pendency of this Civil Appeal, we are informed that against the order of the Assessing Officer reopening the assessment, the assessee herein had preferred an Appeal to CIT(A). By his order dated 8th January, 2007 in Appeal No.65/P/03-04, the CIT(A) allowed deduction under Section 80-I for the Assessment Year 1997-98 on the ground that assembling of engine did not amount to manufacture for the purposes of claiming deduction under Section 80-I of the Income Tax Act, 1961. Against this decision of CIT(A), we are informed that the Department has preferred Income Tax Appeal – ITAT directed to examine the issuance of notice u/s 148 alongwith the appeal of the revenue
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