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2013 (12) TMI 824 - AT - Income TaxDeduction u/s 10A - Held that:- In earlier years - The assessee had not opted to claim the deduction because of loss - AO found that it had adjusted the loss derived from the 10A unit against the other income - Following The Commissioner of Income Tax10 Versus M/s. Galaxy Surfactants Ltd. [2012 (3) TMI 101 - BOMBAY HIGH COURT] - 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 - AO/FAA did not have the benefit of the judgment of the Hon'ble jurisdictional High Court - The issue is restored for fresh adjudication.
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