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TMI Blog2020 (8) TMI 443X X X X Extracts X X X X X X X X Extracts X X X X ..... SSC M/s. K.G. Usha Rani Judgment was delivered by T.S. SIVAGNANAM,J We have heard Mr. A.S. Sriraman, learned counsel appearing for the appellant, Mr. T.R. Senthil Kumar, the learned Senior Standing Counsel and M/s.K.G.Usha Rani, learned counsel for the respondent. 2. This appeal, filed by the assessee under Section 260A of the Income Tax Act, 1961 ("the Act" for brevity), is directed aga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... would defeat the purpose of the grant of the said deduction/benefit to the assessees engaged in developing wind energy farms? 3. Whether the Appellate Tribunal is right in law in ignoring the legal position that the provisions of Section 80 IA of the Act was not controlled by provisions of Section 80 AB of the Act especially in the context of sub section 5 of Section 80 IA of the Act in the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in passing the order exparte without giving an opportunity of hearing while rejecting the prayer for adjournment without giving reason in para 2 of the impugned order?" 4. The Tribunal in the impugned order discussed the assessee's appeal following the decision of the Special Bench of the Tribunal in the case of ACIT vs. Goldmine Shares and Finance Pvt. Ltd. [113 ITD 209(Ahd.)]. It cannot be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en the assessment is of the year 2006. However, when the Assessing Officer gives effect to the decision of this Court answering the Substantial Questions of law in favour of the assessee, it will be well open to him to proceed in accordance with law. 7. In the result, the appeal is allowed, the impugned order is set aside and the Substantial Questions of law are answered in favour of the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X
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