Law:

Section:

Section 80HHA of the Income-tax Act, 1961 - Deductions - Profits and gains from newly established small-scale industrial undertakings Deductions, both under sections 80HHA and 80-I, are allowable simultaneously without reducing relief available under section 80-I by amount of deduction granted under section 80HHA In the absence of any provision which restricts relief under section 80-I to the extent the relief is granted under section 80HHA, deductions, both under sections 80HHA and 80-I, are allowable simultaneously without reducing the relief available under section 80-I by the amount of deduction granted under section 80HHA. Mrs. M.M. Bhatt for the Appellant. JUDGMENT D.A. Mehta, J.:-At the time of admission of appeal following substantial question of law has been formulated by the High Court: "Whether, the Tribunal is right in law and on facts in directing to allow deduction under sections 80HHA and 80-I simultaneously?" 2. The assessment year is 1990-91, the relevant accounting period being financial year ended on 31st March, 1990. The assessee, a private limited company, claimed deduction, both under section 80HHA and section 80-I of the IT Act, 1961 (the 'Act'). The AO, after hearing the assessee, came to the conclusion that deduction claimed under section 80HHA is to be allowed first and while granting relief under section 80-I of the Act the amount granted as deduction under section 80HHA of the Act is required to be reduced from the relief allowable under section 80-I of the Act. 3. The assessee carried the matter in appeal before the CIT(A), who upheld the contention of the assessee that both the provisions operate independently and deductions are allowable under both the provisions without any amount being reduced from the relief available under section 80-I of the Act. The Tribunal. vide its order dt. 8th July, 1999, has confirmed the order of the CIT(A) dismissing…

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