- (1.) We have heard Sri Piyush Kaushik, learned counsel for the appellants. Sri A. N. Mahajan appears for the respondents.
(2.) These two income-tax appeals for the assessment years 2001-02 and 2002-03 are directed against the order of the Income-tax Appellate Tribunal, Delhi Bench dated October 21, 2008, by which the appeal of the Revenue was allowed.
(3.) These appeals were admitted on the following substantial questions of law : (1) Whether, on the facts and in circumstances of the case and in the law, the Income-tax Appellate Tribunal is justified in allowing appeal of the Income-tax Department against the order of the Commissioner of Income-tax (Appeals) which has become non est and infructuous in law ? (2) Whether, on the facts and in circumstances of the case and in the law, all the subsequent proceedings emanating therefrom the revision order under section 263 of the Commissioner of Income-tax being itself quashed become infructuous in law and the original assessment order whereby the assessment was made at the returned income shall prevail ? (3) Whether, in view of the provisions of section 80-IA(9) applicable to section 80-IB of the Income-tax Act, 1961, the restriction imposed by section 80-IA(9) is applicable at the stage of allowing deduction under section 80HHC or is applicable even at the stage of computing deduction under section 80HHC ?;