(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1) At the time of admission of the appeal, following substantial question of law was framed;
"Whether the Appellate Tribunal is right in law and on facts in directing to allow separate relief under sections 80HH and 80I of the Act?"
2) Learned counsel for the parties agree that the question is no longer res-integra.
3) The Division Bench of this Court, in the judgment, in the case of Commissioner of Income-Tax Vs. Amod Stamping, reported in 274 I.T.R, page No.176, answered such a question in favour of the assessee. It is also pointed out to us that such decision was not disturbed when carried in appeal before the Apex Court in case of Joint Commissioner of Income-Tax Vs. Mandideep Engineering & PKG. Ind. P. Ltd., reported in 292 I.T.R page No.1
4) In that view of the matter, the question is answered in affirmative, that is, against the respondent and in favour of the assessee. Tax Appeal is dismissed.
(AKIL KURESHI,J.) (HARSHA DEVANI,J.) Vahid Top