TMI Blog1990 (5) TMI 32X X X X Extracts X X X X X X X X Extracts X X X X ..... petition is to the validity of section 80HHB of the Income-tax Act as being violative of articles 14 and 19(1) of the Constitution. The case was listed for hearing along with Income-tax References Nos. 110 to 112 of 1987 (Continental Construction Ltd. v. CIT [1990] 185 ITR 178 (Delhi)), wherein the question which arose was whether the petitioner was entitled to the benefits of section 80-0 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he provisions of section 80HHB(3). According to the petitioner, the conditions prescribed under section 80HHB(3) were not complied with because till the introduction of section 80HHB in the Income-tax Act, the petitioner was getting the benefit of section 80-0 in terms of such types of agreements. The petitioner, therefore, did not create reserve accounts as contemplated by section 80HHB(3) though ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent. This being so, the Income-tax Department should not stand on mere technicalities and must give an opportunity to the petitioner to fulfil the requirements of section 80HHB(3) and, on such compliance within a reasonable time, it should grant the benefit to the petitioner under that provision. No serious contention was raised before us with regard to the validity of section 80HHB and we have ..... X X X X Extracts X X X X X X X X Extracts X X X X
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