2020 (2) TMI 956

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.... RAVAL FOR THE OPPONENT JUDGMENT ( PER : HONOURABLE MR. JUSTICE J. B. PARDIWALA ) This Tax Appeal under Section 260A of the Income Tax Act, 1961, (for short "the Act") is at the instance of the Revenue and is directed against the order passed by the Income Tax Appellate Tribunal, Ahmedabad Bench, Ahmedabad dated 31.8.2007 in the ITA No. 3933/Ahd/2003 for the Assessment Year 2000-2001. ....

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....than 3 years wherein under identical circumstances, deductions u/s 80HHC of the Act was granted on unit/division wise profits?. 3. At the outset, Mr. Soparkar, the learned Senior Counsel appearing for the appellant-assessee, very fairly pointed out that both the issues raised in this Tax Appeal are no longer res integra, in view of the pronouncement of this Court in the case of Devraj R. Agarwa....

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....ratories Ltd., Vs ACIT, 212 ITR 1. This view also finds support from the Kerala High Court in the case of CIT(A) Vs Jose Thomas, 253 ITR 553, wherein, the assessee was engaged in various business activities such as processing and export of sea foods, construction and sale of flats, shipping agency business and also deriving income in the form of interest and dividend. For the purpose of computing ....

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....in two businesses. The only claim of the assessee is that, it has two units and each unit should be considered separately but it being one and same business, the two units cannot be separated and for the purpose of allowance of deductions u/s 80HHC, the entire turnover of the assessee has to taken into account. Assessee's reliance on its earlier decision in assessment year 1997-98 and 1998-99 ....