9911796707
TMI Blog2019 (4) TMI 369X X X X Extracts X X X X X X X X Extracts X X X X ..... contrary to the provisions of the Act and facts of the case and hence ought to be quashed. 2. The learned AO, based on the directions of Hon'ble Dispute Resolution Panel, Mumbai ('DRP'), erred in computing income of the Appellant by first setting off unabsorbed depreciation from business income and then allowing deduction under section 10AA of the Act, thereby restricting the deduction under section 10AA of the Act to Rs. 1,64,96,849/- as against Rs. 2,26,71,225/- claimed by the Appellant. 3. The learned AO erred in considering income from other sources at Rs. 506,539/- as against Rs. 55,244/- disclosed in the return of income, without providing any reasons whatsoever. 4. Each one of the above grounds of appeal is without prejudice to ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said claim of deduction under section 10AA of the Act. 7. In the preceding year i.e. assessment year 2011-12, such position of curtailment of deduction under section 10AA of the Act by first setting off of unabsorbed depreciation against business income, arose in the hands of assessee, consequent to order passed by the Commissioner under section 263 of the Act. The Tribunal after considering various aspects of the issue observed that the issue stands covered by the order of Hon'ble Supreme Court in CIT & Anr. Vs. M/s. Yokogawa India Ltd. reported in 341 ITR 385 (SC) had held that deduction under section 10AA of the Act is to be computed / allowed before reducing the total income to the extent of unabsorbed depreciation of earlier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d in the return of income. Our attention was drawn to the statement of total income filed for the year under consideration, which is placed at Paper Book. The perusal of the same clearly reflects that income from other sources comprised of interest on income tax refund of Rs. 55,244/-, which was then clubbed with income from business at Rs. 4,51,295/- and the gross total income was declared at Rs. 5,06,539/-. This is a mistake at the end of Assessing Officer. Accordingly, we direct him to adopt the income from other sources at Rs. 55,244/-. The ground of appeal No.3 raised by assessee is thus, allowed. The grounds of appeal raised by assessee are thus, allowed. 12. In the result, the appeal of assessee is allowed. Order pronounced on this ..... X X X X Extracts X X X X X X X X Extracts X X X X
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