Madhya Pradesh H.C : Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the deduction under s. 80-I is to be granted on the gross total income and not on the income reduced by the amount allowed under s. 80HH of the IT Act, 1961?

High Court Of Madhya Pradesh

CIT vs. M.P. State Electronics Development Corporation Ltd.

Section 80-I

S.K. Kulshrestha & S.L. Jain, JJ.

MA (IT) No. 17 of 2001

13th September, 2002

JUDGMENT

By the court :

Heard Shri Rohit Arya, counsel for the appellant, on admission.

2. This appeal has been filed under s. 260A of the IT Act, 1961, on the following question of law : “Whether, on the facts and in the circumstances of the case, the Tribunal was justified in holding that the deduction under s. 80-I is to be granted on the gross total income and not on the income reduced by the amount allowed under s. 80HH of the IT Act, 1961?”

3. The question on which the appeal has been filed is no longer res integra. In J.P. Tobacco Products (P) Ltd. vs. CIT (1997) 140 CTR (MP) 329 : (1998) 229 ITR 123 (MP), a Division Bench of this Court has ruled that deduction under s. 80-I is to be allowed on the gross total income and not the balance of the income after deducting the relief under s. 80HH. Since the question has already been answered by this Court, no substantial question of law arises for consideration in this appeal. The appeal is, accordingly, dismissed.

[Citation : 267 ITR 405]