2012 (5) TMI 212

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..... JUDGMENT N. Kumar, J. This appeal is preferred by the revenue challenging the order passed by the Tribunal setting aside the order of the Appellate Commissioner and granting relief to the assessee. 2. The substantial question of law that arises for consideration in this appeal is as under: "6. Whether the Tribunal was correct in allowing deduction both under section 80-IB and Sect....

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....so be gathered from the way they have expressed themselves in sub-Section (7) of Section 80HHD which reads as hereunder:- "(7) Where a deduction under sub-section (1) is claimed and allowed in respect of profits derived from the business of a hotel, such part of profits shall not qualify to that extent for deduction for any assessment year under any other provisions of this Chapter under the he....

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.... 21. From the aforesaid statutory provisions and the law declared by the Courts it is clear all the Sections which fall under the heading "'C' - deductions in respect of certain incomes" are independent of each other. Therefore, [Section 80-HHC and 80-1 are independent of each other. A new industrial unit can claim deduction under both Sections on the gross total income independently. Sub-Section....

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.... Section 80-IA is not to curtail the deductions obtainable under various provisions under the heading -'C' deductions in respect of certain incomes.' Therefore Section 80IA(ix) effects the allowability of deductions and not computation and deductions. The deduction to which the assessee is entitled to under this provision is to be computed at the time of allowing deductions and not at the time of ....