2013 (12) TMI 824

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....the case. An incorrect and improper order has been passed without considering the appellants contentions. It is capricious in nature and has been made ignoring the genuine facts with an intention to punish the appellant, and should be quashed and annulled. GROUND NO. 2 The Hon, CIT (Appeals) erred in confirming the following additions to the total income of the appellant, by the learned ACIT , which must be deleted, being contrary to the facts of the case and the underlying provisions of the law :-   Rs. i) Disallowance u/s. 1 4A 9, 93, 999. 00 ii) Disallowance of 1OA deduction 46, 90, 694. 00 GROUND NO. 3 The Hon. CIT (Appeals) erred in confirming the deduction which was erroneously calculated by the l....

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....the other units. Referring to the decision of special bench of ITAT, Ahmedabad delivered in the case of Goldmine Share & Investment Pvt. Ltd. it was held that deduction u/s. 80IA would be computed with respect to profits of the eligible unit unaffected by the loss suffered in the other units, that 10A profit was to be adjusted against the notional loss of the earlier years, that no deduction under the said section was allowable to the assessee. AO further noticed that assessee had apportioned common expenses against the 10A unit on the basis of area used, that it had not apportioned managerial remuneration against the 10A unit. AO was of the opinion that expenses should have been apportioned on the basis of turn-over. He recalculated the cl....