Law:

Section:

Section 80HH, read with section 80-I, of the Income-tax Act, 1961 - Deductions - Profits and gains from hotels or industrial undertakings, etc., in backward areas - Whether law does not require that a separate account is to be maintained for claiming deductions under sections 80HH and 80-I - Held, yes - Whether, therefore, Tribunal was not right in holding that assessee-company ought to have submitted audited account in support of its claim for deduction under sections 80HH and 80-I in respect of its new industrial undertaking from its gross total income - Held, yes CASE REVIEW CIT v. Technotive Eastern (P.) Ltd. [2002] 255 ITR 253 (Gauhati) followed and relied upon. CASES FEFERRED TO CIT v. Technotive Eastern (P.) Ltd. [2002] 255 ITR 253 / 124 Taxman 769 (Gauhati) [Para 2]. A.K. Saraf for the Appellant. U. Bhuiya for the Respondent. JUDGMENT J.N. Sarma, J. - The questions referred in this case are as follows : "(1) Whether, on the facts and in the circumstances of the case, the Appellate Tribunal is right in law in coming to the conclusion that the order of the Commissioner under section 263 is within the jurisdiction? (2) Whether, on the facts and in the circumstances of the case and having regard to the provisions of sections 80HH(5) and 80-I(7) of the Income-tax Act, 1961, the Appellate Tribunal is justified in upholding that the assessee's company ought to have submitted audited…

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