BHARATI SAPRU,J. - (1.) Heard Sri Shashwat Bajpai, Advocate assisted by Sri Sujeet Kumar, learned Counsel for the assessee and Sri Shubham Agrawal, learned Counsel for the department.
(2.) This is an assessee's appeal under Section 260A of the Income Tax Act, 1961 against an order passed by the Tribunal dated 30.01.2009 whereby the Tribunal has taken a view that the assessee would not be entitled to the benefit of the provisions of Section 10A(6) of the Act in respect of three assessment years that is 1993-94, 1994-95, 1995-96. The questions of law sought to be answered are hereunder:- "A. Whether on the facts and circumstances of the case, assessment years 1993- 94, 1994-95 and 1995-96 can be treated as "relevant assessment years" for the purpose of Section 10A (4) and/or Section 10A (6) of the Act ? B. Whether on the facts and circumstances of the case, the Tribunal's order is vitiated on the ground that it is based on wrong factual premises that the interest related to past years as well, while fact of the matter is that it did relate to past years but only to future years ?"
(3.) It has come on record that the assessee has claimed any deductions in respect of the years 1993-94, 1994-95, 1995-96. It is the contention of the assessee that with the coming of the amendment in the year 2003 they have become entitled to seek and carry-forward for the years 1993-94, 1994-95, 1995-96 and claim deductions on it. It is also stated by the counsel for the assessee that they have claimed any exemptions for those years and they have availed any double benefit under the various provisions of law and the schemes, which were available.;