2002 (6) TMI 3

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..... as follows: "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in coming to the conclusion that the order of the Commissioner under section 263 is within the jurisdiction? (2) Whether, on the facts and in the circumstances of the case and having regard to the provisions of sections 80HH(5) and 80-I(7) of the Income-tax Act, 1961, the Appellat .....

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..... -I of the Income-tax Act, 1961. The proviso to sub-section (1) shall not help the Revenue in the case as the petitioner-appellant herein is a company. So question No. 2 is answered in favour of the petitioner/appellant. In view of the decision of question No. 2 question No. 1 also is answered in favour of the petitioner/appellant. We have heard Mr. A.K. Saraf, learned counsel for the appellant, .....

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