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Section 80IA deduction cannot be restricted merely for low net profit Ratio of Unit of Assessees wife
Case Law Details
- Case Name
- Malay N. Sanghvi Vs ITO (Bombay High Court)
- Appeal Number
- Only available for paid members
- Date of Judgement/Order
- Only available for paid members
- Related Assessment Year
- 2009-2010
- Courts
- All High Courts, Bombay High Court
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Sub-section (10) of Section 80IA of the Act, cannot be invoked in the facts of the present case to restrict its deduction under Section 80IB of the Act on the basis of the profits of the Appellant’s wife unit at Valsad. This for the reason that there are no business transaction between the Appellant’s unit at Jammu and his wife’s unit at Valsad. Moreover, there is nothing on record to indicate that any transaction between them has resulted in more then ordinary profits arising to the Jammu unit in the normal course of business.
RELEVANT EXTRACT OF THE JUDGM...
