TMI Blog2019 (8) TMI 1066X X X X Extracts X X X X X X X X Extracts X X X X ..... s regards questions No.(iii) and (iv) regarding claim of 100% deduction under Section 80IC of the IT Act for the assessment year 2011-2012 [ 2019 (2) TMI 56 - PUNJAB AND HARYANA HIGH COURT] are answered in favour of the Assessee and against the Revenue. - RA-CR-28-2019 in ITA-240-2016 (O&M) And RA-CR-27-2019 in ITA-449-2015 (O&M) - - - Dated:- 16-8-2019 - MR AJAY TEWARI AND MR AVNEESH ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 9;'IT Act'') were decided against the Assessee and in favour of the Revenue in view of the decision of the Apex Court in Commissioner of Income Tax Vs. M/s Classic Binding Industries , 2018 (407) ITR 429:2018(9) SCC 753. The questions No.(iii) (iv) read as under:- iii) Whether on the facts and in the circumstances of the case, the Tribunal erred in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the Supreme Court in Pr. Commissioner of Income Tax, Shimla Vs. M/s AARHAM Softronics 2019 (412) ITR 623. Counsel for the Revenue has argued that the explanation to Order 47 CPC clearly bars a review on the ground that a decision on a question of law on which the judgment of the Court is based has been reversed or modified by the subsequent decision of a superior Court in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e decision in M/s Classic Binding Industries (supra) does not lay down the correct law. In this view of the matter, though the argument raised by the counsel for the revenue can not be said to be technically wrong but in case this plea is accepted it would only lead to multiplicity of litigation and in the circumstances of the case, and in our considered opinion, it would be ..... X X X X Extracts X X X X X X X X Extracts X X X X
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