DY CIT Vs. PROMACT PLASTICS P LTD

JUDGEMENT

(1.) AT the time of admission on 6/9/2000, following substantial question of law was formulated by the High Court:

(2.) THE Assessment Year in question is 1990-1991. Learned senior standing counsel appearing for the appellant Revenue has very fairly invited attention to the decision of this High Court in case of COMMISSIONER OF INCOME-TAX Vs. AMOD STAMPING, (2005) 274 ITR 176, and submitted that this High Court has held that the deductions are available under both Sections 80hh and 80-I of Income Tax Act 1961, separately and simultaneously.

(3.) IT is not in dispute that in case of JOINT COMMISSIONER OF INCOME-TAX Vs. MANDIDEEP ENG. AND PKG. IND. P. LTD, (2007) 292 ITR 1, Supreme Court has upheld the decision of this Court in principle, after recording that the judgment of this High Court as well as various other decisions of different High Courts have not been challenged by Revenue and hence, in the said case the department was not permitted to take a contrary view involving the same controversy.