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2010 Supreme(SC) 303

S.H.KAPADIA, SWATANTER KUMAR
Swaraj Engines Ltd. – Appellant
Versus
Assistant Commissioner of Income Tax, Chandigarh – Respondent


ORDER

1.The appellant-assessee was formed as a joint venture between Kirloskar Group and the Government of the State of Punjab. It claimed deduction under Section 80-I of the Income Tax Act, 1961 for the Assessment Year 1990-91, which, according to the assessee, is the initial assessment year. The deduction was initially allowed by successive Assessing Officers for the initial Assessment Year 1990-91 and for six successive Assessment Years 1991-92 to 1996-97. For the Assessment Year 1997-98, the Assessing Officer allowed the deduction under Section 80-I in the assessment framed under Section 143(1)(a) of the 1961 Act. This deduction under Section 80-I was confirmed in the assessment made under Section 143(3) of the Income Tax Act, 1961 for the Assessment Year 1997-98 in which deduction under Section 80-I was taken into account by the Assessing Officer. However, a notice under Section 154 was issued by the Department purporting to withdraw Section 80-I deduction in respect of the Assessment Year 1997-98. This order under Section 154 was challenged in Appeal by the assessee. The said Appeal was allowed in favour of the assessee by CIT(A) vide order dated 18th January, 2002. Soon there






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