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2012 (8) TMI 196 - HC - Income TaxDenial of claim of Section 80 IB (3)- Revenue held total investment in the assessee's two units exceeded Rs.1 crore - ITAT decided that investment in Unit-I only is to be taken into consideration - Held that:- ITAT on noticing the text of Section 80IB and analyzing the facts stated that as both the units were separately located, the deduction is to be seen with respect to investment made in each unit separately not-with-standing the fact that proprietor of both the units is the same. As decided in CIT Versus DEWAN KRAFT SYSTEM P. LTD. [2007 (2) TMI 149 - HIGH COURT , DELHI ]where profits of two eligible units were sought to be clubbed and adjusted towards the loss claimed in the unit which had been granted the benefit under Section 80IA - as in the present case the assessee has not admittedly claimed the benefit u/s 80IA for the relevant assessment year in respect of Unit No.2 the question of clubbing the investment for purpose of common undertaking does not arise - Section 80-IA(5) directs the income tax authorities to treat the initial unit as an entirely separate entity to the extent the benefit has to be given - in favour of assessee.
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