2011 (4) TMI 1389

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... AM) This appeal by the assessee is directed against the order dated 11.12.2009 of CIT(A) for the assessment year 2006-07. The only dispute raised by the assessee in this appeal is regarding adjustment of brought forward losses of 10A unit against the income of 10A unit before allowing deduction under section 10A. 2. Briefly stated the facts of the case are that the assessee who was engaged in p .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... off against the brought forward losses no deduction was allowed under section 10A. In appeal CIT(A) confirmed the order of AO aggrieved by which the assessee is in appeal before the tribunal. 3. Before us the Learned AR for the assessee at the very outset submitted that the issue was covered in favour of the assessee by the decision of Special Bench of tribunal in case of Scientific Atlanta Vs AC .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... was to be allowed in respect of the profit of the eligible unit and not from the gross total income as envisaged under Chapter VI A. The tribunal also held that the business losses of non eligible units cannot be set off against the profits of the undertaking eligible for deduction under section 10A for the purpose of determining the deduction allowable under section 10A. The tribunal further held .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X