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1 - 3 of 3 (0.50 seconds)The Income Tax Act, 1961
Textile Machinery Corporation ... vs The Commissioner Of Income-Tax, West ... on 25 January, 1977
respect of the profits of its power divisions at
Durg and Tawa. The Assessing officer was not
justified in holding that deduction u/s 80lA has
been wrongly claimed in respect of-power
divisions for transfer of power to the
manufacturing units of the appellant. Therefore,
the contention of the Assessing officer that
appellant had claimed sale and purchase
between the two limbs of the same legal person
which is legally inappropriate, is contrary to the
provisions of section 80lA of the IT Act. I find
that there is no dispute that the power plants
are separate industrial undertakings. There is
also no dispute that the appellant maintained
separate books of account for each of the power
plant, which was duly audited. The case of the
appellant is fully supported by the decision of
the Hon'ble Supreme Court in the case of Textile
Machinery Corp. Ltd. vs. CIT 107 ITR 195.
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