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Commissioner of Income-Tax Versus SAS Hotels And Enterprises Ltd.

2015 (9) TMI 1460 - MADRAS HIGH COURT

Deduction under section 80-IA - Held that:- Assessee is entitled to deduction under section 80-IA without setting off the losses/unabsorbed depreciation pertaining to the windmill. See Velayudhaswamy Spinning Mills P. Ltd. v. Asst. CIT [2010 (3) TMI .....

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an, J. 1. These appeals are filed by the Revenue under section 260A of the Income-tax Act, 1961 raising the following substantial questions of law : "(i) Whether the Appellate Tribunal was correct in following the earlier order of the Tribunal i .....

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out considering the reported decision in [2011] 334 ITR 194 (Mad) ; [2011] 16 taxmann.com 34 of the very same assessee ? and (iii) Whether under the facts and circumstances of the case, the Income-tax Appellate Tribunal is right in law in holding tha .....

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he question Nos. 1 and 2, the appellant-Revenue is entitled to have our answers in their favour, we did not think fit to admit the appeal and order notice, in view of the fact that in any case, the third question of law has to be answered against the .....

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ded by the Tribunal as though the issue on hand was covered by the decision of the Tribunal in I. T. A. No. 2176/Mds/2008. But, the decision of the Tribunal in I. T. A. No. 2176/Mds/2008 related to the method of accounting. The appeal filed by the De .....

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08. Therefore, the finding of the Tribunal in relation to this aspect is clearly erroneous and the questions 1 and 2 are liable to be answered in favour of the appellant. 4. However, on question No. 3, we have already held in CIT v. R. Yuvaraj (T. C. .....

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