LAWS(BOM)-2010-2-226

COMMISSIONER OF INCOME TAX Vs. TRIDOSS LABORATORIES LTD.

Decided On February 04, 2010
COMMISSIONER OF INCOME TAX Appellant
V/S
Tridoss Laboratories Ltd. Respondents

JUDGEMENT

(1.) The following questions of law have been raised by the Revenue in an appeal under Section 260A of the Income Tax Act, 1961:

(2.) The appeal arises out of the order of the Income Tax Appellate Tribunal dated October 30, 2008 pertaining to the assessment year 1996-97.

(3.) In the present case, the Assessing Officer has computed the gross total income of the Assessee under Section 80IA. The profit of the unit at Daman was computed at Rs. 98.43 lakhs. The Assessing Officer computed the gross total income of the Assessee at Rs. 14,57,200. The Tribunal directed the Assessing Officer to restrict the deduction to the extent of the gross total income, since the gross total income of the Assessee is less than the eligible profit of the Daman unit.