Commissioner of Income-tax Vs. Gogineni Tobacco Ltd. - Court Judgment

Excerpt:
- labour & services termination of services: [markandey katju & asok kumar ganguly, jj] absence from duty - respondent was employed in the bank on 21.7.1980 as accounts clerk -- her husband was employed at libya - she on two occasions i.e. from 4.8.1986 to 29.3.1987 and again from 20.7.1987 to 10.4.1988 i.e. more than 266 days, remained absent from duty, but the petitioner-bank condoned the aforesaid acts of absence of leaving the country without permission - respondent no. 2 again left for libya with effect from 22.8.1988 without permission and without any sanction of leave - she did not turn up to join her duties for more than 150 consecutive days - the petitioner-bank invoked the provisions of clause 17 (b) of fifth bipartite settlement dated 10.4.1989 and issued notice to.....the text below is only a summarized version of the order pronouncedhigh court refused to decide question of law whether benefit of section 80hhc can be claimed on total income after deducting unabsorbed depreciation and unabsorbed losses. supreme court directed tribunal to refer question to high court again for disposal.

Judgment:
The Text below is only a summarized version of the order pronounced

High Court refused to decide question of law whether benefit of Section 80HHC can be claimed on total income after deducting unabsorbed depreciation and unabsorbed losses. Supreme Court directed Tribunal to refer question to High Court again for disposal.