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2019 (1) TMI 408 - KERALA HIGH COURTEntitlement to deduction u/s 80IB - sales recorded in the separate books of Salem unit - consolidates sales - whether the turnover from outlets located in areas other than the place where the eligible unit is situated qualifies for deduction under Sec.80IB when the Sales account does not prove that the Sales from branches is turnover of the eligible unit? - Held that:- Sub-section (8) of Section 80IA indicates that where any goods or services held for the purpose of eligible business are transferred to any other business or where any goods held for the purposes of any other business carried on by the assessee are transferred to the eligible business, the consideration, if any, for such goods and services shall be computed, so as to correspond to the market value of such goods. In such circumstances, the provision recognizes transfer of goods and services between businesses and even if the sale is made from the retail centers of the assessee itself, it can be deemed to be the business of the eligible undertaking. The Tribunal too has noticed the fact and specifically referred to the no. of units produced at Salem and what is actually sold from the undertaking and that sold through different branches. On a verification of the actual sale for the current year, the Tribunal has found that the claim for allowance made by the assessee is proper. We, hence, find that the Tribunal has gone into the facts and allowed the allowance claimed. The sale figures taken is obviously not the consolidated figure of the Salem and Hyderabad units and the question of law framed as (1) is not relevant. We do not find any infirmity in the findings of the Tribunal. We answer the question of law (2) in favour of the assessee
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