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2008 (7) TMI 372

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..... ng Officer (Income-tax) [2008 -TMI - 3485 - Supreme court] AO directed to follow the guidelines prescribed therein. - 433 of 2004 - - - Dated:- 22-7-2008 - K. L. MANJUNATH and B. V. NAGARATHNA JJ. M. V. Seshachala for the appellant. S. N. Shyanbhog for the respondent. JUDGMENT The judgment of the court was delivered by K. L. MANJUNATH J.- This appeal is by the Revenue challen .....

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..... Officer and accordingly, an order of assessment was passed. 3. Being aggrieved by the order of the Assessing Officer, the assessee filed an appeal before the Commissioner of Income-tax (Appeals), who allowed the appeal in part and held that the loss incurred by the assessee for the earlier years has to be given deductions, while computing deductions under section 80HHC. Aggrieved by the same, .....

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..... s failed to consider and record a finding that the assessee is entitled to relief under section 80HHC of the Act when confirming the order of the Appellate Commissioner, by taking into consideration the Explanation to section 80HHC and section 80AB of the Act ?" 5. We have heard counsel for the parties. 6. The only question in dispute before the Assessing Officer was how deductions under s .....

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