2013 (6) TMI 885

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.... ORDER Per R.S.Syal ( AM) : This appeal by the assessee is directed against the order passed by the Commissioner of Income-tax (Appeals) on 16.12.2011 in relation to the assessment year 2008-2009. 2. The only issue raised in this appeal is against the confirmation of addition on account of disallowance u/s 10A amounting to Rs. 1,60,09,182. Briefly stated the facts of the case are that th....

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....ing Officer apportioned the above discussed expenses on the basis of turnover and also did not allow the benefit of deduction u/s 10A on the other income of Rs. 13.28 lakh. By this exercise, he worked out the amount of eligible deduction u/s 10A at Rs. 95.39 lakh, which was restricted to the amount of business profits. The learned CIT(A) upheld the action of the Assessing Officer by noticing in pa....

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....ssessment year 2007-2008. Vide order dated 29.06.2012 in ITA No.4457/Mum/2011, the Tribunal has upheld the action of the authorities below on the apportionment of expenses. The learned AR fairly conceded this position. We, therefore, hold that insofar as the apportionment of expenses or treatment of other income amounting to Rs. 13.28 lakh as not eligible for deduction u/s 10A is concerned, the vi....

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....is noticed that the learned CIT(A), vide the above extracted part of the impugned order, has proceeded on the premise as if the question is about the setting off of losses of eligible unit against the profits of non-eligible unit. The assessment order records the contrary position. In our considered opinion, the ends of justice would meet adequately if the impugned order on this issue is set aside....