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2022 (5) TMI 1012

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.... present appeal has been preferred by the assessee against the order dated 27.12.2021 of the National Faceless Appeal Centre [hereinafter referred to as 'CIT(A)'] passed u/s 250 of the Income Tax Act (hereinafter referred to as the 'Act'). The assessee has taken the following grounds of appeal: "1. The Hon'ble CIT(A) erred in holding that the appellant is not eligible to claim the deduction ....

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....d. CIT (A) erred in not deciding the alternate ground. 3. Appellant pray that deduction U/s.80-IA as claimed be granted or alternatively deduction allowable U/s.10B be suitable enhanced. 4 Assessee crave your honours leave to add, amend, or modify any grounds of appeals at the time of hearing or before." 2. At the outset, the ld. Counsel for the assessee has submitted that the assessee establ....

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.... assessee otherwise is entitled to the deduction u/s 10B of the Act, irrespective of the fact whether deduction u/s 80IA(4) is allowed or not. The ld. Counsel, therefore, has submitted that the issue relating to the entitlement of deduction u/s 80IA(4) in relation to the subsequent years may be kept open. However, for the Assessment Year under consideration, since the assessee otherwise is entitle....

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....bmissions, for the assessment year under consideration without adjudicating upon the issue of the eligibility of the assessee for claiming deduction u/s 80IA(4) on the power captive unit, the appeal is disposed off with the direction to the Assessing Officer to compute the eligible profits of the assessee by taking the entire unit as single unit including power captive unit and determine eligible ....