2018 (1) TMI 1557

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....r. J.D. Mistri, Senior Counsel, a/w Mr. Madhur Agrawal, i/by Mr. Atul Jasani, for the Respondent. ORDER : 1. These Appeals under Section 260A of the Income Tax Act, 1961 ("the Act" for short) challenge the order dated 1 August 2014 passed by the Income Tax Appellate Tribunal ("Tribunal" for short). These Appeals relate to the assessment year 2004­05 and 2003­04 respectively. 2. Th....

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.... and  in  law,  the  Tribunal was  right  in holding that Head Office expenses cannot be allocated to deduction claimed under Section 80IA and 80IB when these units are managed/controlled by the Head Office? 4. Whether on the facts and in the circumstances of the case  and  in  law,  the  Tribunal was  right  in allowing the....

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....d the Appeal of the Respondent - Assessee by following the order of its co­ordinate bench in respect for assessment year 2002­-03 by applying its rationale to disallow the allocation of head office expenses to profits derived from 100 percent export oriented units falling under Section 10B of the Act. The same reasoning was extended to hold that the head office expenses cannot be allocated....

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....c  would not extend to units claiming deduction under Section 80IA and 80IB of the Act, we are following the same. (d) In the above view, this question does not give rise to any substantial question of law. Thus, not entertained. 5. Re. Question 4:­ (a) Mr. Tejveer Singh very fairly states that the issue herein was also raised by the Revenue in its Income Tax Appeal N....