2015 (1) TMI 1460

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....For the Respondent : Sri. A. Shankar, Adv. JUDGMENT Per : . Justice N. Kumar, J. The Revenue has preferred this appeal against the order of the Tribunal holding that the deduction under Section 80IA of the Income-tax Act, 1961 (for short, hereinafter referred to as `the Act') is to be computed undertaking wise, i.e., in the manner in which the assessee has claimed deduction. 2. The assessee-co....

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....5228379       B/F loss C.Y. profit C/f loss Profit adjusted       KADRA -597730705 -114289444 -712020149         KODSALLI -347949850 -72736189 -420686039         BRBCPH -52301312 19356888 -32944424         RTPS V & VI 0 988423211   988423211     ....

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....the Commissioner of Income-Tax (Appeals). The said order of the assessing authority was upheld. Hence, the assessee preferred an appeal to the Tribunal. The Tribunal after referring to the judgment of the Apex Court, in the Synco Industries Co. case reported in 299 ITR 444 and also the judgments of the Special Bench of Ahmedabad, held that the deduction under Section 80IA of the Act is to be compu....

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.... of law: Whether the Tribunal was justified in holding that in granting deduction under Section 80IA of the Act, it is only the income of the loss making units should be taken into consideration and not all the units of the assessee, some of which were making profits? 5. This Court had an occasion to consider the said substantial question of law in I.T.A. No. 308/2009 in the case of Komarla Feed....