Law:

Section:

Section 80-I, read with section 80HH, of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial undertakings, etc., after certain dates - Whether deduction under section 80-I is to be granted on gross total income and not on income reduced by amount allowed under section 80HH - Held, yes FACTS The Tribunal held that the deduction under section 80-I was to be granted on the gross total income and not on the income reduced by the amount allowed under section 80HH. On appeal under section 260A : HELD In view of the decision of the same High Court in J.P. Tobacco Products (P.) Ltd. v CIT [1998] 229 ITR 123, wherein it was held that deduction under section 80-I is to be allowed on the gross total income and not the balance of the income after deducting the relief under section 80HH, it was to be held in the instant case that no substantial question of law arose for consideration in the appeal. The appeal was, accordingly, dismissed. Note : The case was decided in favour of the assessee. CASE REFERRED TO J.P. Tobacco Products (P.) Ltd. v. CIT [1998] 229 ITR 123 (MP). Rohit Arya for the Appellant. JUDGMENT Heard Shri Rohit Arya,…

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