TMI Blog2009 (2) TMI 15X X X X Extracts X X X X X X X X Extracts X X X X ..... d on the basis of Shirke Construction Equipment Ltd. decision of tribunal appears unjustified - impugned judgment is set aside and matter is restored to the order of AO - 1359 of2008 - - - Dated:- 19-2-2009 - JUSTICE VIKRAMAJIT SEN and JUSTICE RAJIV SHAKDHER Ms. P.L. Bansal, Sr. Standing Counsel with Mr. Mohan Prasad Gupta and Mr. Sanjeev Rajpal, Standing Counsel for the Revenue. Ms. Ka ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... favourable by the Assessee. The Assessee carried the matter in appeal to the CIT(A). The CIT(A) reversed the order of the Assessing Officer. Aggrieved by the order of the CIT(A), Revenue preferred an appeal to the ITAT. The ITAT dismissed the appeal of the Revenue on a specious finding that the Assessing Officer came to the conclusion that deduction under Section 80HHC was required to be calculat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is flawed for two reasons:- First, the decision of the Supreme Court in Shirke Construction Equipment Ltd; was pronounced in 2007 much after the date of the Order dated 28.07.2002 passed by the Assessing Officer under Section 154 of the Act. Second, the order of the Assessing Officer dated 28.07.2002 does not reflect that it has been passed on the basis of Shirke Construction Equipment Ltd; as ..... X X X X Extracts X X X X X X X X Extracts X X X X
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