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[2007] 293 ITR 95 (MP) HIGH COURT OF MADHYA PRADESH Commissioner of Income-tax v. Kedia Leather & Liquor Ltd. S.K. KULSHRESTHA AND S. K. SETH, JJ. ITA NO. 33 OF 2002 SEPTEMBER 26, 2006 Section 80HH of the Income-tax Act, 1961 - Deductions - Profits and gains from hotels or industrial undertakings etc., in backward areas â–  Deductions under sections 80-I and 80HH are available only on profits and gains from business ; losses adjusted against profit of other concerns cannot be taken into account for purpose of profits and gains [Assessment year 1991-92] The deductions under sections 80-I and 80HH are available only on profits and gains from business. Grant of relief contemplates profits and gains defined under section 80B(5) which contemplates the gross total income to be the income computed in accordance with the provisions of this Act before making any deduction under this Chapter. Losses adjusted in the profit of the other concerns cannot be taken into account for the purpose of profits and gains. Section 252 of the Income-tax Act, 1961 - Appellate Tribunal - General â–  Where assessee was seeking, by way of rectification, a substitute for direction given in favour of revenue, power of rectification could not have been invoked [Assessment year 1991-92] Though within four years from the order it is permissible to seek rectification, the rectification does not authorize review of its order. Where the assessee, by way of rectification, was seeking a substitute for the direction given in favour of the revenue, power of rectification could not have been invoked. JUDGMENT S.K. Kulshrestha, J. - By this appeal, the appellant assails the order of the Income-tax Appellate Tribunal, Indore Bench, dated January 29, 2002, by which the Tribunal has reviewed its own order passed four years prior to the review application and has changed its conclusions. The Income-tax Appellate Tribunal vide its order dated March 27, 2001, in appeal for the assessment year 1991-92 allowed the appeal of the Revenue after going through the law laid down in CIT v. Cunara Workshops P. Ltd. [1986] 161 ITR 320 (SC) as section 80B(5) of the Income-tax Act, 1961 (for short "the…

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