NEHA SHARMA Vs. JT. COMMISSIONER INCOME TAX

JUDGEMENT

(1.) THE present appeal is filed by the assessee against the order dated 29.07.2004 passed by the Income Tax Appellate Tribunal, Agra in ITA No. 195/Agra/2000 for the assessment year 1997 -98.

(2.) ON 27.01.2005, a Coordinate Bench has admitted the appeal on the following substantial question of law :

(3.) LATER on, the A.O. came to know that the assessee was not entitled to deduction under Section 80HHC on the income earned from hiring charges of pock lane machine and, therefore, he rectified the intimation as per order dated 14th October, 1998 and the deduction under Section 80HHC was reduced accordingly. The deduction under Section 80IA was reduced consequently. Being aggrieved, the assessee has moved an application under Section 154 of the Act, which was rejected by the A.O. by following the ratio laid down in the case of Combay Electric Supply Industrial Co. Ltd. Vs. CIT : (1978) 113 ITR 84 SC. However, the CIT(A) has allowed the claim of the assessee, but the Tribunal has refused to grant any relief to the assessee. The Tribunal has restored the order passed by the A.O. Being aggrieved, the assessee has filed the present appeal.