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2015 (1) TMI 1460

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..... - KARNATAKA HIGH COURT] where this Court has answered the said substantial question of law in favour of the assessee and against the revenue. - I.T.A. No. 778/2009 - - - Dated:- 19-1-2015 - Hon ble Mr. Justice N. Kumar And The Hon ble Mr. Justice B. Veerappa, JJ. For the Appellant : Sri. K.V. Arvind, Adv. For the Respondent : Sri. A. Shankar, Adv. JUDGMENT Per : . Justice N. Kumar, J. The Revenue has preferred this appeal against the order of the Tribunal holding that the deduction under Section 80IA of the Income-tax Act, 1961 (for short, hereinafter referred to as `the Act ) is to be computed undertaking wise, i.e., in the manner in which the assessee has claimed deduction. 2. The assessee-company is enga .....

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..... -32944424 RTPS V VI 0 988423211 988423211 RTPS VII 0 276801817 276801817 GERUSOPA 0 653257975 653257975 ADPH 0 128667789 128667789 2047150792 4680775 .....

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..... ck to the assessing authority to ascertain the profit of each undertaking and to allow deduction under Section 80IA of the Act after considering those units, in which there is profit after adjustment of brought forward loss of that unit. Aggrieved by the said order, Revenue is in appeal. 4. The appeal was admitted to consider the following substantial question of law: Whether the Tribunal was justified in holding that in granting deduction under Section 80IA of the Act, it is only the income of the loss making units should be taken into consideration and not all the units of the assessee, some of which were making profits? 5. This Court had an occasion to consider the said substantial question of law in I.T.A. No. 308/2009 in the .....

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