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2012 (3) TMI 101 - HC - Income TaxAddition - Deduction u/s 10B - hundred percent Export Oriented Unit (EOU) - Assessing Officer held that a loss sustained by the eligible unit could not be set off against the income of the other units - The earlier provision specifically stipulated that profits and gains derived by an assessee from a hundred percent export oriented undertaking to which the section applies shall not be included in the total income of the assessee - There is no provision in Section 10B by which a prohibition has been introduced by the Legislature in setting off of a loss which is sustained from one source falling under the head of profits and gains of business against income from any other source under the same head - A provision akin to subsection (5) of Section 80IA or for that matter akin to subsection (6) of Section 80I has not been introduced by the Legislature when it enacted Section 10B - Appeal is dismissed
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