TMI Blog2011 (7) TMI 1375X X X X Extracts X X X X X X X X Extracts X X X X ..... om the appeals were filed against consequential orders passed by the Assessing Officer for giving effect orders passed by the Tribunal. While the above said course of action was in process, the assessee also filed petitions under section 154 of the Act for the very same three years before the Assessing Officer seeking rectification of the consequential orders and the same were rejected. Accordingly the assessee filed appeals before the learned CIT (A) against such rejection but could not succeed. The appeals numbered as 217 to 219 of 2010 are against the appellate orders passed against sec. 154 orders for the three years under consideration. Hence there are two appeals for each of the assessment year. The issue urged in all these appeals re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1,64,38,896 Total income 63,00,339 ** Total eligible deduction under section 80HHC ₹ 1,64,38,896/- Less:- Deduction allowed under section 80IB as Per provisions of section 80IA(9) r.w.s 80IB(13) 61,94,889/- ₹ 1,02,44,007 The assessee was not in agreement with the method followed by the Assessing Officer and hence filed appeals before the Learned CIT(A). The assessee also filed petitions under section 154 of the Act seeking rectification of the consequential order and the same were rejected. Hence the assessee file ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ew to prevent the taxpayers from claiming repeated deductions in respect of the same amount of eligible income and that too in excess of the eligible profits. Thus, the object of s.80-IA(9) being not to curtail the deductions computable under various provisions under heading C of Chapter VI-A, it is reasonable to hold that s.80-IA(9) affects allowability of deduction and not computation of deduction. To illustrate, if ₹ 100 is the profits of the business of the undertaking, ₹ 30 is the profits allowed as deduction under section 80-IA(1) and the deduction computed as per s.80HHC is ₹ 80, then, in view of s.80-IA(9), the deduction under s.80HHC would be restricted to ₹ 70, so that the aggregate deduction does not exc ..... X X X X Extracts X X X X X X X X Extracts X X X X
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