1 itxa3210-10 sas IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.3210 OF 2010 The Commissioner of Income Tax (2), Mumbai ..Appellant. V/s. M/s. Tata Iron & Steel Co. Ltd. ..Respondent. Mr. Suresh Kumar for the appellant. Mr. Ajit Shah with Srihari Iyer for the respondent. CORAM : J.P. DEVADHAR AND A.A. SAYED, JJ. DATED : 5TH AUGUST, 2011 P.C. :- 1. Whether the ITAT was justified in allowing deduction under Section 35CC of the Income Tax Act, 1961 to the assessee even though the approved project was carried out by another concern and not by the assessee itself, is the question raised in this appeal. 2. The ITAT in para 124 of its order has recorded that in view of the CBDT circular No.372 dated 8/12/1983, the rural development undertaken by a company could be executed or carried out by the company itself or through another person engaged by it to do the work 2 itxa3210-10 and in such a case, the company would be eligible for deduction under Section 35CC of the Act. In this view of the matter, no fault can be found with the order of the ITAT. The appeal is dismissed with no order as to costs. (A.A. SAYED, J.) (J.P. DEVADHAR, J.)