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TMI Blog2009 (10) TMI 653X X X X Extracts X X X X X X X X Extracts X X X X ..... gaged in the business of manufacture and sale of automobile tyres, tubes, flaps and other rubber products, paints and trading in sports goods, machinery and spares. For the assessment year 2004-05, the assessee company filed its return of income on 29.10.2004 declaring an income of Rs.65,98,11,813/-. While computing the asessment, the Assessing Officer invoked the provisions of Section 80IA(9) and deducted the quantum of claim under Section 80IB from the business profit while computing the deduction under section 80HHC. Aggrieved by the order of the assessment, the assessee carried the matter on appeal. The Commissioner of Appeals by following the Tribunal's order in the case of Assistant Commissioner of Income Tax Vs. Rogini Garments (294 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... this Court has held as follows:- " 5. It is submitted across the bar by the learned counsel appearing for either side that the very issue has been considered and held against the revenue by the Madhya Pradesh High Court in the case of J.P. TOBACCO PRODUCTS P.LTD. VS. COMMISSIONER OF INCOME TAX reported in (1998) 229 ITR 123. It has also been further submitted that the Bombay High Court also has taken the same view in the case of COMMISSIONER OF INCOME-TAX VS. NIMA SPECIFIC FAMILY TRUST reported in (2001) 248 ITR 29. The judgment of the Madhya Pradesh High Court has been taken to the Supreme Court and the Supreme Court in JOINT COMMISSIONER OF INCOME-TAX VS. MANDIDEEP ENGINEERING AND PACKAGING INDUSTRIES P. LTD., (2007) 292 ITR 1, has reje ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and CIT v. Lucky Laboratories Ltd. (2006) 200 CTR 305 (All) Since the special leave petitions filed against the judgment of the Madhya Pradesh High Court have been dismissed and the Department has not filed the special leave petitions against the judgments of different High Courts following the view taken by the Madhya Pradesh High Court, we do not find any merit in this appeal. The Department having accepted the view taken in those judgments cannot be permitted to take a contrary view in the present case involving the same point. Accordingly, the civil appeal is dismissed. No costs" Following the same, the appeals are allowed to the extent indicated above". 4. By following the very same Judgment, the present tax case appeal is also dismi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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