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2017 (10) TMI 1005 - HC - Income TaxDeduction u/s. 80IC for Baddi Units - profits derived from manufacturing activities and marketing activities bifurcation - Held that:- As in assessee's own case [2017 (10) TMI 939 - GUJARAT HIGH COURT] Appellate Tribunal was right in law and on facts in allowing the deduction u/s. 80IC of the Act for Baddi Unit as held in the earlier assessment year that there was no separate marketing division and therefore, there was no transfer of goods from eligible to non-eligible undertaking. Thus, in absence of any separate marketing division, there could not be separation of profit and expenditure. It was also found that the brand was owned by the foreign collaboration and there cannot be any profit attributable to such brand. More importantly, the Tribunal noted that in the preceding assessment year 2007-08, the assessee had set up such a claim. The Assessing Officer had framed scrutiny assessment during which no disallowance was made. No attempt was made on part of the Revenue either to take such order in revision nor process of reopening of exemption was resorted to. - Decided against revenue
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