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2010 (3) TMI 857 - HC - Income TaxSet off of loss or unabsorbed depreciation - AO has disallowed the claim of the assessee for deduction under sections 80HH, 80HHD and 80-I on the ground that the gross total income of the assessee, as defined under section 80B(5), was in loss - Held that:- The non obstante clause in sub-section (6) of section 80-I refers to only the quantum of deduction, therefore, the gross total income referred to in section 80-I(1) is to be read with section 80B(5) and only then the computation is to be made in the manner provided under the Act - The mandate contained in sections 80A and 80B(5) requires that gross total income should be computed after setting off the brought forward business loss and unabsorbed depreciation, etc. for allowing of the deductions specified under sections 80C to 80U - since the gross total income in the instant case was shown nil, hence there was no question of permitting deduction to the assessee in view of the provisions contained in section 80A(1) and 80A(2) - Decided against the assessee
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