Case Details

Citation(s)
2009 SLG 882 2009 SLD 882 (2009) 319 ITR 124 (2010) 186 TAXMAN 294
Supreme Court of India
CIVIL APPEAL No. 6914 OF 2009, OCTOBER 9, 2009
S.H. KAPADIA AND AFTAB ALAM, JJ.

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Assistant Commissioner of Income Tax , Indore

v.

Neo Sack (P.) Ltd.

Law:

Section:

Section 80-IA of the Income-tax Act, 1961 - Deductions - Profits and gains from industrial undertakings, etc., after certain dates - Revenue filed instant petition seeking to raise a question as to whether Courts below were right in holding that assessee was entitled to deduction under section 80-IA on amount of entire eligible income without reducing amount of export incentive from same - Whether since question sought to be raised was neither answered by Tribunal nor by High Court, revenue was to be granted permission to move to High Court and raise issue specifically, particularly in view of fact that an important question of law on interpretation of section 80-IA arose for determination - Held, yes - Whether, if High Court found that determination of aforesaid question needed factual finding, it might remit case to Tribunal for disposal on merits - Held, yes ORDER 1. Leave granted. 2. By consent, the matter called out and taken up for hearing. 3. In our view, an important question of law arises for interpretation of section 80-IA of the Income-tax Act (for short, "the Act"). The question, as framed at Page 5 of the special leave…
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