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TMI Blog2019 (2) TMI 52X X X X Extracts X X X X X X X X Extracts X X X X ..... ng on merits. 3. The Revenue in appeal has assailed the order of CIT(A) on following grounds : "1. The order of the Ld. Commissioner of Income-tax (Appeals) is contrary to law and to the facts and circumstances of the case. 2. The Ld. Commissioner of Income-tax (Appeals) grossly erred in deleting the addition mode by the Assessing Officer U/S 10A of the I.T. Act of Rs. 2,69,76,031/- instead of confirming the said addition as the same is not allowable to the assessee. 3. The Ld. CIT(A) erred in allowing the ground in favour of assessee ignoring the CBDT's Circular No.07/DV/2013 issued on 16/07/2013, when the same is applicable in the case of assessee and binding on the Revenue Authorities. 4. For these and such other grounds as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Yokogawa India Ltd., reported as 391 ITR 274. 5. On the other hand, Shri Ajay Dhoke representing the Department vehemently defended the assessment order. The ld.D.R. in support of his submissions placed reliance on the CBDT Circular No.07 dt.16.07.2013. 6. We have heard the submissions made by representatives of rival sides and perused the orders of authorities below. The only issue arising in the appeal by the Revenue is against allowing of deduction u/s 10A of the Act before setting off of brought forward losses of eligible unit. It is not in dispute that the brought forward losses set off by the assessee are of eligible unit. It is no more res integra that the assessee can claim deduction u/s 10A of the Act before claiming setting off ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ones or units for the purposes of this provision." 17. If the specific provisions of the Act provide [first proviso to Sections 10A(1); 10A (1A) and 10A (4)] that the unit that is contemplated for grant of benefit of deduction is the eligible undertaking and that is also how the contemporaneous Circular of the department (No.794 dated 09.08.2000) understood the situation, it is only logical and natural that the stage of deduction of the profits and gains of the business of an eligible undertaking has to be made independently and, therefore, immediately after the stage of determination of its profits and gains. At that stage the aggregate of the incomes under other heads and the provisions for set off and carry forward contained in Section ..... X X X X Extracts X X X X X X X X Extracts X X X X
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