Just a moment...

Top
Help
×

By creating an account you can:

Logo TaxTMI
>
Call Us / Help / Feedback

Contact Us At :

E-mail: [email protected]

Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters0/2000
TMI Blog
Home / RSS

2010 (2) TMI 486

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... 1. The following questions of law have been raised by the Revenue in an appeal under section 260A of the Income-tax Act, 1961 : "(a) Whether on the facts and in the circumstances of the case, the Income-tax Appellate Tribunal was justified in law in holding that the profit of the Daman unit which is eligible unit, has been computed at Rs. 98.43 lakhs and if the assessee had income equivalent ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....n 80-IA. The profit of the unit at Daman was computed at Rs. 98.43 lakhs. The Assessing Officer computed the gross total income of the assessee at Rs. 14,57,200. The Tribunal directed the Assessing Officer to restrict the deduction to the extent of the gross total income, since the gross total income of the assessee is less than the eligible profit of the Daman unit. 4. The contention of counse....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....on, be allowed, in computing the total income of the assessee, a deduction of an amount equal to hundred per cent. of the profits and gains derived from such business for ten consecutive assessment years. The section contemplates a deduction of an amount representing hundred per cent. of the profits and gains derived from the eligible business in computing the total income of the assessee. The exp....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....the submission which has been urged on behalf of the Revenue cannot be accepted. 6. In Synco Industries Ltd. v. Assessing Officer of Income-tax [2002] 254 ITR 608, the Bombay High Court held that gross total income must be determined by setting off against the income, the business loss of earlier years before allowing a deduction under Chapter VI-A and if the resultant income is nil, then the a....