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2012 (6) TMI 210 - ITAT CHENNAIDeduction u/s 80-IA - partial denial on ground that assessee had sold power to its group concern and non-group concerns at different rates - Revenue restricted the allowance Held that:- Section does not provide that if the assessee earns more profit from related parties in compare to unrelated parties, then the allowance of deduction u/s 80-IA is to be restricted to the same proportion at which the profit was derived from unrelated parties, even in the circumstances where such profits derived from related parties were such that it could be expected to arise to such eligible business as ordinary profit. We find that the assessee has not furnished before us the party-wise break up of the rate charged by it in respect of its sister concerns. In our considered opinion, the working for the provisions of Section 80-IA(10) has to be made on individual basis and the same cannot be made on an average basis. Therefore, order is set aside matter is restored to file of AO for proper verification and computation - Decided in favor of assessee for statistical purposes.
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