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2003 Supreme(Kar) 1001

BALAKRISHNA BREEDING FARMS PVT. LTD. – Appellant
Versus
CHIEF COMMISSIONER OF INCOME-TAX – Respondent


( 1 ) THE petitioner-Balakrishna, aggrieved by Annexure F dated 20. 2. 2003 in file No. CC-I/acit (T)-I/119 (2) (a)/i/34/02-03 is before me. The Petitioner Private Limited Company is an assessee in terms of the provisions of the Income Tax Act (for short the Act ). For the assessment year 1993-94, the petitioner filed its return claiming a net refund of Rs. 1,26,257/- after availing the benefits of special deduction u/s. 80hha, 80i and 80jj of the Act. An intimation u/s. 143 (1) was issued. Deductions claimed were disallowed and the total tax liability of Rs. 10,43,045/- was determined. After adjustment, the total tax payable was Rs. 10,29,382/ -. This included levy of interest u/s. 234b of the Act. A representation was made by the petitioner in the light of the Judgment of this Court and in the light of the Judgment of Andhra Pradesh High Court and based on those Judgment, the assessing authority passed an order u/s. 154 of the Act and tax was determined at Rs. 1,48,620/ -. A notice of demand was received and the petitioner paid this tax demand in the regular assessment. For the assessment year 1994-95, return was filed on 30. 11. 1994 and in this return a refund of Rs. 2,87,054/-
















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