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2013 (12) TMI 252 - ANDHRA PRADESH HIGH COURTDeduction u/s 80HH - Held that:- The assessee is having two independent industrial undertakings, one is mining activity and the other is cement manufacturing activity - Apportionment of the profit derived from cement manufacturing activity should bge made in order to find the profit derived from mining activity - The segregation of profit of two different business activities is permissible under law - Section 80HH of the said Act uses the words "profit derived from" and not "attributable to - The provision of Section 80HH of the said Act, the profit derived from the cement manufacturing activity is deductable thereunder and not otherwise - The words "derived from" in Section 80HH of the said Act must be understood as something which has a direct or immediate nexus with the assessee's industrial undertaking - The profit, which has been derived in relation to the manufacturing activity of the cement, has to be taken into consideration and not for other manufacturing activity particularly for mining activity as the legislature has expressly excluded the mining activities from the purview of Section 80HH - While interpreting the provision of a statute, this has to be considered literally as it appears, and it cannot be given a purposive meaning - Decided against assessee.
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