TMI Blog2011 (11) TMI 696X X X X Extracts X X X X X X X X Extracts X X X X ..... CA ORDER PER GEORGE MATHAN, JUDICIAL MEMBER : This is an appeal filed by the Revenue against the order of the learned CIT(Appeals)-III, Chennai in ITA No. 799/09-10 dated 12-11-2010 for the assessment year 2003-04. 2. Shri K.E.B. Rengarajan, Jr. Standing Counsel represented on behalf of the Revenue and Shri K. Srinivasan, CA represented on behalf of the assessee. 3. In the Reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... assessee, as a consequence, the losses of such units can also not be considered while computing total income of other units of the assessee . 2.2) It is submitted that on further appeal, the Hon'ble ITAT remitted back the issue to the file of the Assessing Officer for fresh consideration in the light of judgements by the Hon. Tribunal in the cases of Bharat Industries Ltd. (2005) TTJ (Mu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ile of the Assessing Officer for re-adjudication of the issue excluding the losses of 10-B unit against the profits of the non-10B unit. It was the submission that in the set aside proceedings the Assessing Officer had followed his earlier order and on appeal the learned CIT(A) by following the decision of the Third Member decision in the case of Navin Bharat Industries Ltd. v. Deputy Commissioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... peal is now squarely covered by the decision of the Third Member in the case of Navin Bharat Industries Ltd., referred to supra, as also the decision of the Hon'ble High Court of Bombay in the case of Hindustan Unilever Ltd., referred to supra, the finding of the learned CIT(A) on this issue stands confirmed. In the circumstances, the appeal of the Revenue stands dismissed. 7. The order was ..... X X X X Extracts X X X X X X X X Extracts X X X X
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