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TMI Blog2014 (6) TMI 1007X X X X Extracts X X X X X X X X Extracts X X X X ..... as relyin on Commissioner of Income Tax and Another Vs. Tata Elxsi Ltd., & Others (2011 (8) TMI 782 - KARNATAKA HIGH COURT) wherein held charges both from the export turnover as well as from the total turnover for the purposes of computation of deduction u/s 10A of the Act. Section 10A deduction allowable to the assessee in respect of profit making unit -Whether the tribunal was correct in fail ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... applies to a case where Arm’s Length Price was determined by the Assessing authority. That mistake has been corrected by the tribunal by setting aside the order passed by the Commissioner as well as the assessing authority. No error committed by the Tribunal in the impugned order. - Decided against revenue - I.T.A. NO.453/2008 - - - Dated:- 17-6-2014 - THE HON BLE MR. JUSTICE N. KUMAR AND THE ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its only if they are found to be independent and the unit making loss cannot be set off for the purpose of allowing deduction? (3) Whether the tribunal was correct in failing to appreciate the substituted Section 10A of the Act by Finance Act, 2000 w.e.f. 1.4.2001 that the deduction is to be allowed u/s.10A of the Act on the total income of the assessee without setting out the loss from non-pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Others reported in (2012) 341 ITR 385, and was answered in favour of the assessee and against the Revenue. 4. In so far as substantial question of law Nos .1 to 3 are concerned, the Revenue in both the aforesaid judgments of this Court are before the Apex Court i n appeal and are now pending. Therefore, it is appropriate that the assessing authority shall pass consequential order u/s.260(1)(A ..... X X X X Extracts X X X X X X X X Extracts X X X X
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