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2013 (9) TMI 396

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..... Bench in favour of the assessee, in the case of M/s. Scientific Atlanta India Technology Pvt. Ltd. (2010 (2) TMI 658 - ITAT, CHENNAI). - Hon’ble Karnataka High Court has considered this issue and decided in favour of the assessee in the case of CIT & Anr. Vs. Yokogawa India Ltd. and Others, [2011 (8) TMI 845 - Karnataka High Court]. The specific question considered by the High Court is, whether or .....

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..... .T.A. Nos. 1664 & 1650/Mds/2010 - - - Dated:- 26-7-2012 - Dr. O. K. Narayanan And Shri Challa Nagendra Prasad,JJ. For the Petitioner : Shri Vikram Vijayaraghavan, Advocate For the Respondent : Dr. S. Moharana, IRS, CIT ORDER Per Dr. O. K. Narayanan, Vice President These four appeals relate to the assessment years 2005-06 and 2006-07. Two appeals are filed by the assessee an .....

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..... favour of the assessee. The assessee succeeds in its appeals on the above issues. 4. In the appeals filed by the Revenue, the first ground is that the Commissioner of Income-tax(Appeals) has erred in allowing deduction under sec.10A before setting off of brought forward depreciation and losses. This issue was considered and decided by the Income-tax Appellate Tribunal, Chennai Bench in favour of .....

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..... nclusion in the case of CIT Anr. Vs. Tata Elxsi Ltd. Others (247 CTR 334). 7. Therefore, in view of the decision of the ITAT, Chennai Bench and the decisions of the Hon ble Karnataka High Court, we hold that the Commissioner of Income-tax(Appeals) has arrived at a right conclusion. This issue is decided against the Revenue. 8. The second issue raised by the Revenue is that the Commissioner .....

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