DY CIT Vs. MOTI POLYMERS PVT LTD

JUDGEMENT

(1.) IN this appeal under section 260A of the INcome Tax Act, 1961 (the Act) the appellant-revenue has challenged the order dated 02.08.1999 made by the INcome Tax Appellate Tribunal, Ahmedabad Bench 'C', Ahmedabad in I.T.A. No.2800/Ahd/1993 for Assessment Year 1991-92.

(2.) WHILE admitting the appeal on 11.09.2000, this Court had formulated the following substantial question of law:

(3.) A perusal of the impugned order of the Tribunal indicates that the Tribunal has placed reliance on the decision of the Madhya Pradesh High Court in the case of J.P. Tobacco Products P. Ltd. Vs. C.I.T. which view has not been disturbed by the Supreme Court as noted hereinabove. In the circumstances, the view adopted by the Tribunal being in consonance with the above referred decision of the Madhya Pradesh High Court as well as of this High Court in the case of CIT Vs. Amod Stamping (supra), the question is required to be answered in the affirmative, that is, in favour of the assessee and against the revenue. The Appellate Tribunal is right in law in directing to allow separate relief under sections 80HHA and 80I of the Income Tax Act, 1961. The appeal is, accordingly, dismissed with no order as to costs.