TMI Blog2010 (9) TMI 472X X X X Extracts X X X X X X X X Extracts X X X X ..... IT Appeal No. 456 of 2010 is an appeal by the assessee under s. 260A of the IT Act, 1961 (in short "the Act") against the order of the Income-tax Appellate Tribunal, Amritsar Bench (hereinafter referred to as "the Tribunal) in ITA No. 68/Asr/2009, dt. 9th Oct., 2009, for the asst. yr. 2000-01, proposing following substantial questions of law:- "(i) Whether the order of the Tribunal, apparently being non-specific and non-speaking, is liable to be set aside as such? (ii) Whether in the facts and in the circumstances of the case, the Tribunal was justified in upholding the findings of the learned CIT(A) that job work charges, derived from industrial activity, could be excluded from the eligible profits of the industrial undertaking, for co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e assessee as per computation had been shown at Rs. 36,42,280. The assessee had claimed deduction @ 30 per cent thereon amounting to Rs. 10,92,684. However, the same was computed by reducing the non-business income of the assessee in the shape of job work charges (Rs. 3,66,850); interest on fixed deposit (Rs. 8,96,859); sale of incentives (Rs. 10,00,328) and interest on income-tax refund (Rs. 57,981) from the income of Rs. 36,42,280 by the AO. The CIT(A) upheld the aforesaid disallowances. The CIT(A) while concurring with the AO regarding exclusion of job work charges for calculating deduction under s. 80-IA/80-IB observed as under:- " ...The key ingredients for allowing deduction under s. 80-IA are that the income should be derived from ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uring or by producing article or thing and, therefore, the assessee was not entitled to claim deduction thereon under s. 80-IA. Accordingly, question No. (ii) is not a substantial question of law. 7. Referring to question No. (iv), the claim of the assessee is that the assessee was entitled to deduction under s. 80-IA as well as under s. 80HHC on the same amount. Necessary facts may be referred to. The assessee had claimed deduction under s. 80HHC amounting to Rs. 14,65,802 in the return of income filed on 2nd Nov., 2000. The AO held that the assessee was entitled to deduction under s. 80HHC on the balance amount which remained after allowing deduction under s. 80-IA. According to the AO such relief was in excess by Rs. 1,73,903. This was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under s. 80-IA should be deducted from the profits and gains of the business before computing the relief under s. 80IIIIC. The learned first appellate authority had decided the issue against the assessee by discussing the issue in dispute with the support of various judgments mentioned in the impugned orders at paras 3.6 and 3.7 on pp. 12 and 13. The case law cited by the learned counsel for the assessee has also been discussed by the learned first appellate authority. We have also gone through the same and are of the considered opinion that recently this issue has been decided by the Tribunal, Special Bench 'C' New Delhi, in the case of Asstt. CIT vs. Hindustan Mint and Agro Products (Pj Ltd. consisting of five Members, wherein they have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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