2017 (12) TMI 1360

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....OMMON ORAL ORDER (PER : HONOURABLE MS.JUSTICE HARSHA DEVANI) 1. Heard Mr. M.R. Bhatt, Senior Advocate, learned counsel for the appellant. 2. ADMIT. 3. The following substantial question of law arises for consideration in both these appeals: Whether on the facts and in the circumstances of the case, the Income Tax Appellate Tribunal has erred in law and on facts by including th....

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....ction 10B of the Act. CPC Blue Division was exclusively covered under section 10B of the Act as a 100% export oriented unit and the remaining two divisions, named Green Division and Wind Mill Division, were not covered under section 10B of the Act. All the income earned and all the expenses incurred during the year for the respective divisions, were charged to those divisions respectively. The boo....

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....ent made to the auditors. The Commissioner (Appeals) placed reliance upon the order passed in the assessee's own case for assessment year 2008-09 wherein it was held that the Assessing Officer was justified in allocating expenses in proportion to the turnover of various units and, accordingly, dismissed the ground of appeal. 6. The Tribunal, in the impugned order, has found that the assessee ha....

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....een allocating 50% between the eligible and non-eligible units since the initial year and, accordingly, set aside the findings of the Commissioner (Appeals) and directed the Assessing Officer not to reduce the claim of deduction under section 10B of the Act by Rs. 21,23,528/-. 7. Having regard to the facts as emerging from the record, it is clear that the assessee had claimed deduction under se....