Home Case Index All Cases Income Tax Income Tax + HC Income Tax - 2019 (2) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (2) TMI 1328 - HC - Income TaxDeduction u/s 80HHC and 80HHD - HELD THAT:- As far as the questions pertaining to Sections 80HHC and 80HHD are concerned, they are covered by a judgment of this Court rendered in the same assessee’s case and reported in EIH Ltd. v. Commissioner of Income-Tax (2011 (8) TMI 411 - CALCUTTA HIGH COURT). As submitted on behalf of the assessee that on a special leave petition carried by the Revenue against such judgment, leave has been granted and the appeal is pending consideration before the Supreme Court. Since the previous view of this Court is binding on a coordinate Bench and such view of this Court has not yet been upset by the Supreme Court, the legal issues pertaining to Sections 80HHC and 80HHD of the Act are answered in consonance with the law as declared in the previous judgment pertaining to the assessee as noted above. Chapter VIA double deduction - whether an assessee is entitled to claim deductions under divers provisions in respect of the same income, if the assessee qualifies under the various provisions - HELD THAT:- The two provisions involved are Sections 80HHD and 80-IA of the Act. A previous view of the Supreme Court was that if the assessee is entitled to claim on more than one head, the assessee must be left free to do so, subject to the deduction not being more than the income earned under such head. However, the same issue has been referred to a larger Bench for reconsideration in the judgment ACIT vs. Micro Labs Ltd.(2015 (12) TMI 708 - SUPREME COURT).
|