LAWS(MPH)-2004-3-58

COMMISSIONER OF INCOME TAX Vs. MITTAL APPLIANCES

Decided On March 09, 2004
COMMISSIONER OF INCOME TAX Appellant
V/S
MITTAL APPLIANCES Respondents

JUDGEMENT

(1.) THIS order shall govern disposal of ITA No. 61 of 1999, CIT v. Agarwal Breweries Ltd. , ITA No. 24 of 2000, CIT v. Panjon (P) Ltd. , ITA No. 25 of 2000, CIT v. Panjon (P) Ltd. , ITA No. 22 of 2002, CIT v. Purti Pipes, ITA No. 23 of 2002, CIT v. Purti Pipes. In all these appeals the common questions of law are involved. Thus, they have been taken up for hearing analogously and are being disposed of by this common order.

(2.) TO appreciate the factual matrix, we are taking up the facts as have been mentioned in the aforesaid appeal. This appeal is at the instance of the Revenue under Section 260a of the IT Act, 1961 against the order dt. 13th Nov. , 1998 passed by the Tribunal holding that deductions under Section 80hh and Section 80-I of the IT Act, 1961 are admissible before the set off of the carried forward profits and loss derived from new industrial undertaking. In all the matters, the Tribunal has held that the question involved is covered by a judgment of the Division Bench of this Court, parties being J. P. Tobacco Products (P) Ltd. v. CIT, (1998) 229 ITR 123 (MP ).

(3.) THIS and the connected appeals have been admitted on the following substantial question of law :