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1 - 5 of 5 (0.26 seconds)Section 80HHB in The Income Tax Act, 1961 [Entire Act]
J.K. (Bombay) Ltd. vs Central Board Of Direct Taxes And Anr. on 17 January, 1979
1. This court is in respectful agreement with the observations of a Division Bench of the Delhi High Court in the case of J. K. (Bombay) Ltd. v. CBDT [1979] 118 ITR 312 that the scope of judicial review in respect of an order passed by the Board under section 80-O of the Income-tax Act, 1961 (for short, "the Act"), is not that of an appeal. The very fact that the Board has been given the power to approve or refuse to approve an agreement shows that the Legislature intends to give the Board to say in the construction of section 80-O. It is only if the understanding of section 80-O by the Board shows an error of law apparent on the face of the record that the court would interfere with the rejection of an application for approval by the Board. If the manner in which the Board understands the meaning and scope of section 80-O is reasonable and is in keeping with the object of section 80-O, the court may not interfere.
The Income Tax Act, 1961
Trading Engineers (International) ... vs Central Board Of Direct Taxes And Others on 4 April, 1988
4. Shri Jetly, it may be stated, had made an attempt to distinguish this decision on the ground that the provisions of section 80HHB(5) were not specifically relied upon and/or considered by this court in that case. It was pointed out that that aspect of the matter was important as that sub-section was non-obstante and used the word "any" before the words "assessment year". According to Shri Jetly, the word "any" in this context meant any and every assessment year including not only assessment year 1982-83 but also earlier assessment years. In my judgment, this submission on behalf of the Revenue is not tenable in law. In order to construe a sub-section, one has to read the whole section. Reading section 80HHB as a whole, there does not appear to me to be any scope for doubt that this section was inserted in the Income-tax Act to provide relief to certain assessees who were otherwise, in the opinion of the Legislature, not till then entitled to any relief. Since relief contemplated under section 80HHB was available from the assessment year 1983-84 and onwards only, sub-section (5) was enacted to ensure that those entitled to relief under the section were not entitled to relief under any other section of Chapter VI-A under heading C. The word "any" to my mind, therefore, means any and every assessment year covered by section 80HHB for the purpose of granting relief to the assessees covered by that section.
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