2020 (9) TMI 1192 - HC - Income Tax

Deduction u/s 10A - deduction allowed without reducing the brought forward losses pertaining to the year subsequent to the assessment year and setting the same off against gains of business in the current year - HELD THAT - The issue raised in this appeal is covered by the decision of this Court in the case of M/s.Comstar Automative Technologies Private Ltd 2020 (7) TMI 730 - MADRAS HIGH COURT in favour of the assessee. Further in the decision of this Court in the case of CIT Vs. M/s.Comstar Automotive Technologies Pvt. Ltd. 2020 (3) TMI 814 - MADRAS HIGH COUR T to which, one of us (TSSJ) was a party, the above mentioned substantial question of law was decided against the Revenue.

Summary

Issues:
- Appeal against order dated 29.3.2017 made in ITA.No.2229/Mds/2016 by the Income Tax Appellate Tribunal, Chennai 'C' Bench for the assessment year 2005-06.
- Whether deduction under Section 10A of the Income Tax Act, 1961 may be allowed without reducing the brought forward losses pertaining to the year subsequent to the assessment year and setting the same off against gains of business in the current year.

Analysis:
The High Court of Madras, comprising Mr. Justice T.S. Sivagnanam and Mrs. Justice Pushpa Sathyanarayana, heard the appeal filed by the Revenue under Section 260A of the Income Tax Act, 1961. The appeal challenged the order dated 29.3.2017 of the Income Tax Appellate Tribunal, Chennai 'C' Bench, concerning the assessment year 2005-06. The appeal was admitted based on the substantial question of law regarding the deduction under Section 10A of the Income Tax Act, 1961 without reducing the brought forward losses and setting them off against gains of the business in the current year.

The issue raised in the appeal was previously addressed by the Madras High Court in the case of M/s. Comstar Automative Technologies Private Ltd. vs. DCIT, where the judgment favored the assessee. Additionally, in the case of CIT vs. M/s. Comstar Automotive Technologies Pvt. Ltd., the substantial question of law was decided against the Revenue, aligning with the earlier decision in favor of the assessee. The judgment in TCA.No.228 of 2011 dated 18.3.2020 settled the substantial question of law against the Revenue.

Consequently, following the precedents set by the mentioned decisions, the High Court dismissed the tax case appeal and answered the substantial question of law against the Revenue. The judgment concluded with no costs being awarded in this matter.