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2019 (6) TMI 931 - HC - Income TaxDisallowance of deduction u/s 10A on account of disallowances made u/s 40(a)(ia) and 43B - HELD THAT:- As decided in JOHN DEERE INDIA PVT. LTD. [2019 (1) TMI 1580 - BOMBAY HIGH COURT] it is an agreed position between the parties that the issue raised herein stands concluded in favour of the Respondent-Assessee by the decision of this Court in CIT V/s. Gem Plus Jewellery India Pvt. Ltd. [2010 (6) TMI 65 - BOMBAY HIGH COURT] In the above view, as the issue stands concluded by the decision of this Court in Gem. Plus Jewellery India Pvt. Ltd. (Supra), the question as proposed does not give rise to any substantial question of law. Thus, not entertained. Comparable selection - HELD THAT:- Companies functionally dissimilar wit that of assessee need to be deselected from final list. Include the instance of one SIP Technology and Exports Limited in the set of comparables - HELD THAT:- In this context, the objection of the Revenue was that the said SIP Technology was a loss making company and therefore, had to be excluded. The Tribunal however, held that the Company was not constantly loss making Company. It had suffered losses only in one out of the last three years under consideration. The Tribunal therefore, refused to exclude the said Company from the list of comparables Deduction u/s 10A - allocation of expenditure between two units i.e. eligible and non-eligible units - HELD THAT:- Assessee had questioned this allocation before the Tribunal. The Tribunal appears to have deleted this addition, restoring the expenditure allocation as claimed by the assessee. However, having perused the impugned judgment of the Tribunal with the assistance of the learned Counsel for the parties, we do not find any discussion on this issue in the entire decision. Tribunal appears to have totally lost sight of this contentious issue. We would therefore, request the Tribunal to decide this ground of Appeal of the assessee confined to the question of allocation of operative expenses between assessee's two units i.e. eligible and non-eligible units for deduction u/s 10A - The Tribunal would entertain this ground and give its opinion on merits. For such limited purpose, the proceedings are placed back before the Tribunal.
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