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TMI Blog2013 (12) TMI 1207X X X X Extracts X X X X X X X X Extracts X X X X ..... , Advocates ORDER Rajive Bhalla , J. (Oral): The revenue is before us in an appeal to challenge order passed by the Income Tax Appellate Tribunal, reversing the order passed by Commissioner of Income Tax (Appeals), as well as the assessment order on a question of law that reads as follows:- "Whether on the facts and circumstances of the case are that the Hon'ble ITAT was right in law in allo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome Tax Appellate Tribunal in the earlier round of litigation, restoring the matter to the Assessing Officer after holding that loss suffered by a unit entitled to deduction under Section 10-B of the Act, could be set off against income of another unit, was not challenged by the revenue, and therefore, cannot be challenged in these proceedings. It is further submitted that it is settled law that t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion under Section 10-B of the Act against profits of its other unit and, therefore, set aside the assessment order and remitted the matter to the Assessing Officer for consideration afresh. The revenue accepted the order and did not file any appeal. The Assessing Officer, reconsidered the matter and despite order passed by the Tribunal declined relief to the assessee by holding that this point wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The AO disallowed the claim of the assessee, in view of the Supreme Court decision in the case of Goetze (India) Ltd. v. CIT 284 ITR 323 (SC). However, as pointed out by the ld. Counsel for the assessee, the ratio of the decision does not define the powers of the Income-tax Act. It is evident that the amendment, as quoted by the CIT(A), in his order, pertains to the assessment year 2001-02 and ref ..... X X X X Extracts X X X X X X X X Extracts X X X X
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