COMMISSIONER OF INCOME TAX Vs. TREHAN ENTERPRISES

JUDGEMENT

(1.) THE Income-tax Appellate Tribunal, Amritsar Bench, Arnritsar, has stated the case under Section 256(1) of the Income-tax Act, 1961, for opinion of this court. THE question on which opinion is sought for, is as under :

(2.) WITH a view to properly understand the whole gamut of this case, it is necessary to notice the legal provisions applicable to this case as well as the facts thereof. Under Section 80HH of the Income-tax Act, certain deductions in respect of profits and gains from newly established industrial undertakings or hotel business in backward areas are allowed. The extent of such deductions while computing the total income of the assessee, from such profits and gains is an amount equal to 25 per cent, thereof allowed to such assessee. WITH a view to avail of such deduction from the profits and gains, the assessee is required to file certificates in Form No. 10C of the Income-tax Act. For ready reference Sub-section (5) of Section 80HH is reproduced hereinbelow :

(3.) FEELING aggrieved and dissatisfied with the order of the Commissioner of Income-tax (Appeals), the respondent preferred an appeal under Section 253 of the said Act before the Income-tax Appellate Tribunal, Amritsar, which has reversed the decision of the Commissioner of Income-tax (Appeals) and has ordered the restoration of the issue to his file for further disposal after dealing with the Income-tax Officer's second objection.