2013 (7) TMI 684 - AT - Income Tax

Allowance of deduction u/s 80IA after setting off unabsorbed losses and depreciation Held that -Issue is squarely covered in favour of the assessee by the decisions of the Hon ble Madras High Court in the case of Mohan Breweries and Distilleries Ltd reported in 2007 (10) TMI 354 - ITAT MADRAS-B wherein it has been held that the assessee- company is eligible for deduction u/s 80IA in respect of the income from Windmill installed by it and the unabsorbed depreciation set off in earlier years cannot be reduced from the profits for computing the deduction u/s 80IA of the Act - However matter be restored to find out the claim of the assessee that the losses were already adjusted against the profits of ineligible units of the assessee in earlier years and directed the ld. CIT(A) for adjudicating the issue afresh accordingly - Decided in favor of Assessee.

Summary

Issues:
1. Disallowance of deduction u/s 80IA for income from wind mill.
2. Adjustment of unabsorbed losses and depreciation against wind mill profits for AY 2007-08.

Analysis:
1. The appellant appealed against the order disallowing the deduction u/s 80IA for income from a wind mill. The AO disallowed the claim due to the non-adjustment of notional unabsorbed depreciation and losses from previous years against the wind mill income. The AO held that the losses must be adjusted before computing the eligible profit for deduction u/s 80IA. The appellant cited decisions from different Tribunal benches to support their claim that such adjustment was not required. The AO insisted on adjusting notional losses of Rs. 95,16,486 against the current year's income, resulting in a deduction of Rs. Nil. The CIT(A) upheld the AO's decision, stating that the losses should be notionally brought forward for adjustment. The appellant contended that similar issues were decided in their favor by the Tribunal in previous years, and the matter was restored for further consideration.

2. The CIT(A) confirmed the disallowance by following the precedent set in the appellant's case for the assessment year 2005-06. The appellant argued that the Tribunal had previously decided in their favor based on High Court decisions, emphasizing that losses were already adjusted against ineligible profits in previous years. The Tribunal agreed with the appellant, stating that the issue was covered by previous orders in favor of the assessee. The Tribunal set aside the CIT(A) order and directed a fresh adjudication based on previous Tribunal decisions, allowing the appeal for statistical purposes. The issue of adjusting unabsorbed losses and depreciation against wind mill profits for AY 2007-08 was resolved in favor of the appellant based on previous Tribunal decisions and High Court rulings.

Conclusion:
The Tribunal allowed the appeal for statistical purposes, setting aside the CIT(A) order and directing a fresh adjudication based on previous Tribunal decisions. The issue of disallowance of deduction u/s 80IA for income from wind mill and the adjustment of unabsorbed losses and depreciation against wind mill profits for AY 2007-08 were resolved in favor of the appellant, emphasizing that the losses were already adjusted against ineligible profits in previous years. The Tribunal's decision aligned with previous rulings and established legal precedents, ensuring fair treatment for the appellant in claiming deductions under section 80IA of the Income Tax Act.